IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 19TH JUNE 2008 / 29TH JYAISHTA 1930 Crl.MC.No. 2311 of 2008() ------------------------- CC.295/2005 of JUDL. MAGISTRATE OF FIRST CLASS COURT-III, TRIVANDRUM .................... PETITIONER: PETITIONERS ----------------------- 1. UNNIKRISHNAN CHANDREASEKHARAN, S/O. CHANDRASEKHARAN, T.C 23/927, JAYANI NIVAS, MUNDANADU RD, VALIYASLA, TRIVANDRUM. 2. P.P. CHANDRASEKHARAN, T.C 23/927, JAYANI NIVAS, MUNDANADU RD, VALIYASALA, TRIVANDRUM. 3. JAYA SREE, W/O. P.P. CHANDRASEKHARAN, T.C 23/927, JAYANI NIVAS, MUNDANADU RD, VALIYASALA, TRIVANDRUM. 4. C.J. LAKSHMI, D/O.P.P.CHANDRASEKHARAN, T.C 234/927, JAYANI NIVAS, MUNDANADU RD, VALIYASALA, TRIVANDRUM. BY ADV. SRI.SUMAN CHAKRAVARTHY SRI.A.RATHEESH RESPONDENTS: RESPONDENTS ------------------------ 1. KARTHIYANIN DEVI, D/O. AJITH JAYAKUMAR, JAYA NIVAS, T.C 23/927 (1) MUNDANADU RD, VALIYASALA, TRIVANDRUM. 2. THE STATE OF KERALA, REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR SRI.GIKKU JACOB ADV. SRI.BIJU BALAKRISHNAN FOR R1 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 19/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ Crl.M.C. No.2311 of 2008 ------------------------------------- Dated this the 19th day of June, 2008 ORDER Petitioners face indictment in a prosecution under Section 498 A r/w 34 I.P.C. Cognizance has been taken by the learned Magistrate on the basis of a final report submitted by the police after due investigation. The crime in turn has been registered on the basis of a private complaint filed by the 1st respondent herein and referred to the police by the learned Magistrate under Section 156(3) Cr.P.C. The 1st petitioner is the husband of the 1st respondent and petitioners 2 to 4 are his relatives. 2. The petitioners as well as the 1st respondent have now come before this Court through their counsel to submit before this Court that the dispute between them have all been settled amicably. Marital tie is agreed to be dissolved and all pending disputes have been settled. The 1st respondent, it is asserted, has already settled the dispute and compounded the offences allegedly committed by the petitioners. In these circumstances, it is prayed that powers under Section 482 Cr.P.C and the proceedings against the petitioners may be brought to Crl.M.C. No.2311 of 2008 2 premature termination. No purpose is likely to be served except undeserved trauma and agony by the continuation of the prosecution now, submit both counsel. 3. The petitioners have produced a copy of an agreement executed by the 1st petitioner and the 1st respondent and the learned counsel for the 1st respondent accepts the same as true and genuine. I am satisfied, on the basis of the submissions made at the Bar and on the basis of Annexure-A, that the parties have willingly and voluntarily settled their disputes. In the light of such genuine statement, I am satisfied that if legally possible and permissible, the same can be accepted and acted upon and premature termination of the proceedings can be brought about. 4. But the offence under Section 498 a I.P.C is not legally compoundable. Counsel in these circumstances rightly place reliance on the decision in B.S.Joshy v. State of Haryana [A.I.R (2003) SC 1386] and Madan Mohan Abbot v. State of Punjab [2008 A.I.R SCW 2287]. 5. I am satisfied, on a consideration of all the relevant inputs, that this is an eminently fit case where such extraordinary inherent jurisdiction under Section 482 Cr.P.C can and ought to he invoked. Crl.M.C. No.2311 of 2008 3 6. In the result: i) This Crl.M.C is, allowed; ii) C.C.No.295 of 2005 pending before the Judicial Magistrate of the First Class-III, Thiruvananthapuram, against the petitioners is hereby quashed. 7. It is submitted at the Bar that no proceedings under Section 446 Cr.P.C is pending against the petitioners. If there be any such proceedings, needless to say, it must be disposed of in accordance with law. (R.BASANT, JUDGE) rtr/-