IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 21ST OCTOBER 2008 / 29TH ASWINA 1930 Crl.MC.No. 3930 of 2008() ------------------------- (CRIME 522/08 OF JFCM COURT, FORT KOCHI) PETITIONERS: --------------- 1. NIRMAL. N., AGED 33 S/O.NARAYANAN, RESIDING AT SOPANAM, THULUCHERY P.O., PALLIMUKKU, KANNUR-4. 2. SHOBANA NARAYANAN, AGED 67, W/O.NARAYANAN, RESIDING AT SOPANAM, THULUCHERY P.O., PALLIMUKKU, KANNUR-4. 3. NARAYANAN, AGED 74, RESIDING AT SOPANAM, THULUCHERY P.O., PALLIMUKKU, KANNUR-4. BY ADV. SMT.T.S.MAYA (THIYADIL) SRI.KIRAN RESPONDENTS: ---------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. (REPRESENTING THE SUB-INSPECTOR OF POLICE, FORT KOCHI POLICE STATION, KOCHI] 2. NIMISHA SURAJ, AGED 29, D/O.A.P. SURAJ, RESIDING AT HOUSE NO.10/237, FORT KOCHI VILLAGE, KOCHI TALUK. R2 BY ADV. SMT.D.HEERA R1 BY PUBLIC PROSECUTOR, SRI. GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 21/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ----------------------------------------------- Crl.M.C. No. 3930 OF 2008 ----------------------------------------------- Dated this the 21st day of October, 2008 O R D E R The petitioners face allegations as accused in a crime registered as Crime No.522/08 of Fort Kochi Police Station for offences punishable, inter alia, under Section 498 A IPC. That crime was registered on the basis of a private complaint filed by the 2nd respondent herein which was referred to the police under Section 156(3) Cr.P.C. Investigation is in progress. Final report has not been filed yet. 2. The petitioners are husband, mother-in-law and father-in- law respectively of the 2nd respondent. While the investigation is pending, petitioners have come before this Court along with the 2nd respondent to apprise this Court the fact that they have settled all their outstanding disputes and the 2nd respondent has compounded all the offences allegedly committed by the petitioners. They having settled their disputes and the disputes being purely private and personal between the petitioners and the 2nd respondent, it is prayed that the extraordinary inherent Crl.M.C. No. 3930 OF 2008 -:2:- jurisdiction under Section 482 Cr.P.C as enabled by the dictum in B.S.Joshi Vs. State of Haryana [AIR 2003 SC 1386] may be invoked to bring to premature termination of further proceedings in Crime No.522/08. 3. The 2nd respondent has entered appearance through counsel. A copy of the agreement between the parties is produced as Annexure II. Learned counsel for the petitioner vouches the fact that the matter has been settled between the parties and the 2nd respondent has compounded the offences allegedly committed by the petitioners. 4. Notice was given to the learned Prosecutor. Learned Prosecutor submits that the State does not, in the circumstances of the case, want to oppose the prayer for quashing of proceedings. 5. I am satisfied, in the facts and circumstances of this case, that the extraordinary inherent jurisdiction under Section 482 Cr.P.C as enabled by the dictum in B.S.Joshi (supra) can safely be invoked to bring to premature termination of the crime registered against the petitioners and all further proceedings in Crl.M.C. No. 3930 OF 2008 -:3:- pursuance to such crime registered. 6. In the result, a) This Crl.M.C is allowed. b) Crime No.522/08 registered at the Fort Kochi Police Station against the petitioners at the instance of the 2nd respondent herein is hereby quashed. R. BASANT, JUDGE ttb Crl.M.C. No. 3930 OF 2008 -:4:- Crl.M.C. No. 3930 OF 2008 -:5:-