IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 28TH NOVEMBER 2008 / 7TH AGRAHAYANA 1930 Crl.MC.No. 4346 of 2008 ------------------------- CP.14/2008 of ADDL.CHIEF JUDICIAL MAGISTRATE, ERNAKULAM .................... PETITIONERS: ACCUSED NO.1 TO 3 ---------------------------------------- 1. BAIJU RAJ AGED 34, S/O. RAJAN.C.A, 173, D.D. VYAPAR BHAVAN.K.P VALLON ROAD, KADAVANTHRA, KOCHI-20. 2. MANJU M. MENON, AGED 29, S/O. LATE MURALEEDHARA MENON, 173, D.D VYAPARA BHAVAN K.P. VALLON ROAD, KADAVANTHRA, KOCHI-20. 3. O.S. ANOOP, AGED 24, S/O. SREEDHARAN, 173, D.D. VYAPAR BHAVAN, K.P. VALLON ROAD, KADAVANTHRA, KOCHI-20. BY ADV. SRI.S.SREEKUMAR RESPONDENTS: ----------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. ELIZABATH RESHMA, AGED 33, D/O. T.X. CLETUS, 3D, HARBOUR CREST, KURISSUPALLI ROAD, RAVIPURAM, KOCHI-16. R1 BY PUBLIC PROSECUTOR, SRI.GIKKU JACOB R2 ADV. SRI.M.V.KISHORE KUMAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 28/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ----------------------------------------------- Crl.M.C. No. 4346 OF 2008 ----------------------------------------------- Dated this the 28th day of November, 2008 O R D E R Petitioners faced indictment in a prosecution for offences punishable, inter alia, under Sections 376 and 354 IPC. Cognizance has been taken on the basis of a final report submitted by the police after due investigation in the crime. The crime in turn has been 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. Cognizance has been taken by the learned Magistrate and proceedings has been registered. 2. At this juncture, the petitioners and the 2nd respondent have come before this Court to apprise the court of the fact that all outstanding disputes between them have been settled. The 2nd respondent has entered appearance through counsel and an affidavit has been filed to confirm such settlement/composition. The learned counsel for the 2nd respondent submits that the 2nd respondent now has no grievance that such sexual intercourses were without genuine consent. As against petitioners 2 and 3 the only allegation is that they indecently behaved against the 2nd Crl.M.C. No. 4346 OF 2008 -:2:- respondent. Offences alleged against them are compoundable. 3. The crux of the dispute between the 1st petitioner and the 2nd respondent was only whether they were legally wedded or were only living together under an agreement. The learned counsel for the petitioners and the 2nd respondent submit that the dispute having been settled between them harmoniously the continuance of this prosecution is unnecessary and irrelevant. It is prayed that the extraordinary inherent jurisdiction under Section 482 Cr.P.C as entitled by the dictum in Madan Mohan Abbot v. State of Punjab [2008 AIR SCW 2287], Nikhil Merchant v. Central Bureau of Investigation [2008(3) KLT 769(SC)] and Manoj Sharma v. State [2008(4)KLT 417 SC] may be invoked to bring to premature termination the unnecessary prosecution against the petitioners. 4. Notice was given to the learned Prosecutor. The learned Prosecutor after taking instructions submits that the matter has been settled between the parties. The learned Prosecutor further confirmed that the dispute is purely private and personal between the parties. He asserts that no issues of public interest or public Crl.M.C. No. 4346 OF 2008 -:3:- policy are involved. The alleged victim having conceded unambiguously, which consent does not appear to be improbable in the facts and circumstances of the case, that sexual intercourses between her and the 1st petitioner were not without her consent, I am satisfied that the prayer can be accepted. 5. In the result: a) This Crl.M.C is allowed. b) Prosecution against the petitioner pending as CP No.14/08 before the Additional Chief Judicial Magistrate, Ernakulam is hereby quashed. c) Needless to say, the proceedings if any pending against the petitioner and sureties under Section 446 Cr.P.C, shall be disposed of in accordance with law. R. BASANT, JUDGE ttb Crl.M.C. No. 4346 OF 2008 -:4:- Crl.M.C. No. 4346 OF 2008 -:5:-