IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 7TH NOVEMBER 2008 / 16TH KARTHIKA 1930 Crl.MC.No. 4137 of 2008() ------------------------- CRIME NO.143/08 OF PANNIYANKARA POLICE STATION, KOZHIKODE PETITIONER(S): ACCUSED NO.3:- ----------------------------- K.P. HYRUNNISA, W/O. ABDUL GAFOOR, M.K. HOUSE, PANNIYANKARA AMSOM DESOM, KOZHIKODE DISTRICT. BY ADV. SRI.P.SANJAY SRI.M.MUHAMMED SHAFI RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SAMEERA D/O. PAREETH, AGED 30 YEARS, MALIKATHAZHAM HOUSE, KUTTIKKATUR AMSOM, DESOM, KOZHIKODE. ADDL. 3.ZUBAIR, S/O.ABUBACKAR, THAITHOTTAM PARAMBA, KANNANCHERY, PANNIYANKARA, KOZHIKODE DT. ADDL. 4.ABDUL GAFUR, S/O.ABUBACKAR, THAITHOTTAM PARAMBA, KANNANCHERY, PANNIYANKARA, KOZHIKODE DT. (Addl. respondents 3 and 4 are impleaded as per order dt.07.11.08 in Crl.M.Appl.No.6238 of 2008) BY PUBLIC PROSECUTOR SRI.S.U.NAZAR ADV. SRI.P.K.NIJOY FOR R2 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 07/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ Crl.M.C. No.4137 of 2008 ------------------------------------- Dated this the 7th day of November, 2008 ORDER Petitioner along with 2 others (R3 and R4) face indictment in a prosecution under Section 498 A I.P.C. Cognizance was taken on the basis of a final report submitted by the police after due investigation. The matter is pending before the learned Chief Judicial Magistrate, Kozhikode as C.C.No.712 of 2008. Altogether there are 3 accused persons. The petitioner and respondents 3 and 4 are the accused. 2. The parties have now come before this Court to confirm that the disputes have been settled between the parties and the 2nd respondent has compounded the offences allegedly committed by the petitioner and respondents 3 and 4. Annexure- A2 agreement has been produced to confirm such composition. A joint application for composition duly signed by the petitioner and the 2nd respondent is filed. The 2nd respondent has entered appearance through counsel. The counsel confirms that the disputes between the 2nd respondent and the petitioner as also respondents 3 and 4 have been settled amicably and that the 2nd respondent has compounded the offences allegedly committed by all the 3 accused persons. Crl.M.C. No.4137 of 2008 2 3. Notice was given to the learned Public Prosecutor. The learned Public Prosecutor confirms the settlement. The State has no objection against quashing of the proceedings, submits the learned Public Prosecutor. 4. Having considered all the relevant circumstances, I am persuaded to agree that this is an eminently fit case where the extraordinary inherent jurisdiction under Section 482 Cr.P.C as enabled by the dictum in B.S.Joshy v. State of Haryana [A.I.R (2003) SC 1386] can be profitably invoked to bring to premature termination the prosecution against the petitioner and respondents 3 and 4. 5. In the result: i) This Crl.M.C is allowed; ii) C.C.No. 712 of 2008 pending before the Chief Judicial Magistrate, Kozhikode, in which the petitioner and respondents 3 and 4 are the accused and the 2nd respondent is the defacto complainant, is hereby quashed; iii) Proceedings, if any, pending against the petitioner and respondents 3 and 4 and their sureties shall be disposed of in accordance with law. (R.BASANT, JUDGE) rtr/-