IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 2ND JUNE 2008 / 12TH JYAISHTA 1930 Crl.MC.No. 2084 of 2008() ------------------------- CRIME NO. 184/08 OF KOLLENGODE POLICE STATION PETITIONER: ACCUSED 1 & 2 ------------------------- 1. K.SURESH BABU, S/O.KRISHNANKUTTY, AGED 35 YEARS, KRIPA HOUSE, NEDUVELIKALAM, OZHUVUPARA, PALLASSENA P.O, CHITTUR TALUK, PALAKKAD DISTRICT. 2. PANKAJAM, W/O.KRISHNANKUTTY, AGED 55 YRS KRIPA HOUSE, NEDUVELIKKALAM, OZHUVUPARA, PALLASSENA P.O, CHITTUR TALUK, PALAKKAD. BY ADV. SRI.K.P.BALAGOPAL SRI.V.JAYADEVA NARAYANAN RESPONDENTS: COMPLAINANT & STATE -------------------------------- 1. C.SINDHU, D/O.CHANDRAN, AGED 27 YEARS, VEETIYODE KALAM, KAIPPODE P.O, CHITTUR TALUK, PALAKKAD. 2. SUB INSPECTOR OF POLICE, KOLLENGODE POLICE STATION, PALAKKAD. 3. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY ADV. SRI.V.JAYADEVA NARAYANAN FOR R1 R2 & 3 BY PUBLIC PROSECUTOR SRI. K.C. SANTHOSH KUMAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 02/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 2084 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 2nd day of June, 2008 O R D E R The petitioners face indictment in a prosecution under Section 498A I.P.C. They are the husband and mother-in-law of the defacto complainant, who is arrayed as the first respondent in this proceedings. Crime was registered on 7.5.2008. Investigation is pending. At this stage the parties have come before this Court with a prayer that further proceedings in the said crime may not be permitted to continue and the F.I.R. may be quashed as they have settled their disputes and the first petitioner and the first respondent have resumed cohabitation as per Annex.A3 agreement executed between them. 2. Notice has been given to the learned Prosecutor. No objections are raised. The first respondent has entered appearance through a counsel. The learned counsel confirms that the matter has been settled and Annex.3 agreement is signed by the defacto complainant. I am satisfied that the parties have Crl.M.C.No. 2084 of 2008 2 willingly and voluntarily settled the disputes between them and that the first respondent has resumed cohabitation after compounding the offences alleged against the petitioners. 3. The offences alleged include the offence under Section 498A I.P.C., which is non-compoundable. But notwithstanding the fact that the said offences are non-compoundable, I am satisfied that the dictum in B.S. Joshy v. State of Haryana (AIR 2003 SC 1386) can be employed and premature termination of the proceeding can be brought about. 4. This Crl.M.C. is accordingly allowed. Crime No. 184 of 2008 of Kollengode Police State and all further proceedings pursuant thereto are hereby quashed. (R. BASANT) Judge tm