IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 5TH AUGUST 2008 / 14TH SRAVANA 1930 Crl.MC.No. 2947 of 2008() ------------------------- CC.466/2006 of JUDL. MAGISTRATE OF FIRST CLASS COURT, IRINJALAKUDA CRIME NO.569/06 OF THE IRINJALAKUDA POLICE STATION .................... PETITIONER: ACCUSED ------------------- 1. BINASH SHAKER, AGED 37 YEARS, S/O.KADALI KATTIL SHAKERAN, AVITTATHUR DESOM, KADUPPASSERY VILLAGE, MUKUNDAPURAM TALUK. 2. SHAKERAN, AGED 73 YEARS, S/O.KADALI KATTIL KUTTAN, AVITTATHUR DESOM, KADUPPASSERY VILLAGE, MUKUNDAPURAM TALUK. 3. LEELA, AGED 71 YEARS, W/O.KADALI KATTIL SHAKERAN,AVITTATHUR DESOM, KADUPPASSERY VILLAGE, MUKUNDAPURAM TALUK. 4. BEENA YKKLE, AGED 42 YEARS, D/O.KADALI KATTIL SHAKERAN, AVITTATHUR DESOM, KADUPPASSERY VILLAGE, MUKUNDAPURAM TALUK. 5. ACHUTHAN, AGED 55 YEARS, S/O.UNNERI, THALLIYA PARAMBIL HOUSE, NADAVARAMBU DESOM, VALOORKARA VILLAGE, MUKUNDAPURAM TALUK. BY ADV. SRI.RAJESH CHAKYAT RESPONDENTS: COMPLAINANT ------------------------ 1. SAVITHA, AGED 30 YEARS, D/O.RAMANKUTTY, NJTTUVETTI HOUSE, PUTHUNKAVU DESOM, MANAKULANGARA, KODAKARA. -2- 2. THE SUB INSPECTOR OF POLICE, IRINJALAKUDA, REP BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY P.P. SRI. AMJAD ALI. BY ADV. SRI.BIJU .C. ABRAHAM FOR R1 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 05/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- Crl.M.C. No. 2947 of 2008 ------------------------------------------------- Dated this the 5th day of August, 2008 ORDER The petitioners face indictment in a prosecution for offences punishable, inter alia, under Sec.498A IPC. The 1st petitioner is the husband of the de facto complainant who is arrayed as the 1st respondent. Other petitioners are the relatives of the 1st petitioner. Cognizance has been taken and the matter is pending as C.C.No.466/06 before the learned Judicial Magistrate of the First Class, Irinjalakuda. Cognizance was taken on the basis of a final report submitted by the police. 2. The petitioners, along with the 1st respondent, have come before this Court now to apprise this Court of the fact that the disputes between them have been settled and the 1st respondent has compounded the offences allegedly committed Crl.M.C. No. 2947 of 2008 -: 2 :- by the petitioners. The marital tie has been agreed to be dissolved and all monetary disputes have been settled. In these circumstances, the 1st respondent does not want to further prosecute the complaint against the petitioners. She has willingly and voluntarily compounded the offences allegedly committed by the petitioners. A copy of the terms of agreement between the parties is produced as Annexure-3 and the 1st respondent has sworn to an affidavit duly attested by the counsel and the same is produced as Annexure-4. The learned counsel for the 1st respondent vouches for the fact that the dispute has been settled and the composition has been effected by the 1st respondent. 3. I am satisfied from the submissions made at the Bar and from the records placed before this Court that the parties have willingly and voluntarily settled their disputes and the 1st respondent has compounded the offences allegedly committed by the petitioners. If legally permissible and possible, I am satisfied that the powers under Sec.482 Cr.P.C. can be invoked to bring to premature termination the prosecution against the petitioners. 4. The offence under Sec.498A of the IPC is not compoundable. But the learned counsel for the parties, in these circumstances, rightly rely on the decision of the Supreme Court Crl.M.C. No. 2947 of 2008 -: 3 :- in B.S. Joshy v. State of Haryana (AIR 2003 SC 1386). I am, in these circumstances, satisfied that this is an eminently fit case where the powers under Sec.482 Cr.P.C. as enabled by the dictum in B.S. Joshy can be invoked to bring to premature termination the pending prosecution against the petitioners. 5. Notice was given to the learned Public Prosecutor. The learned Public Prosecutor does not raise any objections. 6. In the result: (a) This Crl.M.C. is allowed. (b) C.C.No.466/06 pending before the Judicial First Class Magistrate Court, Irinjalakuda, against the petitioners is hereby quashed. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge Crl.M.C. No. 2947 of 2008 -: 4 :-