IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 2ND JULY 2008 / 11TH ASHADHA 1930 Crl.MC.No. 2379 of 2008() ------------------------- F.I.R NO.202 OF 2008 OF MANNAR POLICE STATION PETITIONER: ACCUSED 1 AND 2 --------------------------- 1. PRAKASH M. MANIYAN, AGED 29, SUNDARANPARAMBIL, VALIYAKULANGARA.P.O, KULANGILCARAZHMA, MANNAR VILLAGE, KETTAMPEROOR MURI. 2. LALITHA, SUNDARANPARAMBIL, VALIYAKULANGARA.P.O, KULANGILCARAZHMA, MANNAR VILLAGE, KETTAMPEROOR MURI. BY ADV. SRI.M.V.THAMBAN SRI.R.REJI SMT.THARA THAMBAN SRI.B.BIPIN RESPONDENTS: COMPLAINANTS ------------------------- 1. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING THE S.I OF POLICE, MANNAR POLICE STATION. 2. DIVYA I. PONNAN, W/O. PRAKASH M. MANIYAN, DIVYA BHAVANAM, KUTTEMPEROOR.P.O, MANNAR. BY PUBLIC PROSECUTOR SRI.AMJAD ALI ADV. SRI.AJITH MURALI FOR R2 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 02/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ Crl.M.C. No.2379 of 2008 ------------------------------------- Dated this the 2nd day of July, 2008 ORDER Petitioners face allegations in a crime registered as Crime No.202 of 2008 of Mannar Police Station for the offence punishable under Section 498 A r/w 34 I.P.C. Petitioners are the husband and mother in law of the 2nd respondent/defacto complainant. Investigation is in progress. The learned Public Prosecutor submits that in fact the investigation is already complete and the final report has already been filed. The petitioners along with the 2nd respondent have now appeared before the Court to apprise this Court of the fact that all the outstanding disputes between the petitioners and the 2nd respondent have now been settled harmoniously. The spouses have now resumed cohabitation and are living a happy and peaceful matrimonial life. In these circumstances, it is prayed that the settlement/composition may be taken note of judicially and further proceedings in the crime may be brought to premature termination invoking the extraordinary inherent powers under Section 482 Cr.P.C. Crl.M.C. No.2379 of 2008 2 2. The 2nd respondent has entered appearance through counsel. It is confirmed that the 2nd respondent herein is the defacto complainant in Crime 202 of 2008 and that the matter has been settled between the parties. They have resumed harmonious cohabitation. The 2nd respondent has compounded the offences allegedly committed by the petitioners. 3. I am satisfied from the submissions made at the Bar and from the affidavit filed by the 2nd respondent that there has been a voluntary and genuine settlement of the disputes and composition of the offences by the 2nd respondent. If legally possible and permissible, I am satisfied that the composition can be accepted and the proceedings against the petitioners can be brought to premature termination. 4. But the offence under Section 498 A I.P.C is not legally compoundable. Counsel, in these circumstances, rely on the decision in B.S.Joshy v. State of Haryana [A.I.R (2003) SC 1386]. 5. Notice was given to the learned Public Prosecutor. The learned Public Prosecutor submits that the State has no objection against quashing of proceedings against the petitioner. Crl.M.C. No.2379 of 2008 3 6. I am satisfied, in the facts and circumstances of this case, that this is an eminently fit case where the extraordinary inherent jurisdiction under Section 482 Cr.P.C can be invoked to bring to premature termination the proceedings against the petitioners. 7. In the result: i) This Crl.M.C is, allowed; ii) Crime No.202 of 2008 of Mannar Police Station, final report, if any filed in that crime and all further proceedings against the petitioners are hereby quashed. (R.BASANT, JUDGE) rtr/-