IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 6TH NOVEMBER 2008 / 15TH KARTHIKA 1930 Crl.MC.No. 4213 of 2008() ------------------------- CRIME NO.277/08 OF KATTUR POLICE STATION PETITIONER(S): --------------- 1. RAFEEQ.E.M. S/O. MOIDEEN, AGED 28 YEARS, EDAKKUKARAN HOUSE,THANISSERI P.O., IRINJALAKKUDA, THRISSUR. 2. KHADEEJA W/O. MOIDEEN, EDAKKUKARAN HOUSE THANISSERI P.O.,IRINJALAKKUDA, THRISSUR. 3. MUHAMMEDALI S/O.MOIDEEN, EDAKKUKARAN HOUSE THANISSERI P.O.,IRINJALAKKUDA, THRISSUR. BY ADV. SRI.C.A.CHACKO SMT.C.M.CHARISMA RESPONDENT(S): --------------- 1. THE STATE OF KERALA REPRESENTING SUB INSPECTOR OF POLICE KATTUR POLICE STATION, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. 2. SANEEFA D/O. SYD MOHAMED, AGED 22 YEARS VALIYAVEETTIL ,METHALA,KODUNGALLUR, THRISSUR DISTRICT. ADV. SRI.BENNY VARGHESE (THETTAYIL) FOR R2 PUBLIC PROSECUTOR SRI.S.U.NAZER THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 06/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- Crl.M.C.No.4213 of 2008 ---------------------------------------- Dated this the 6th day of November 2008 O R D E R The petitioners face allegations in a crime registered under Sec.498A IPC. They are the husband, mother-in-law and brother-in-law respectively of the de facto complainant who is arrayed as the 2nd respondent herein. The crime has been registered on the basis of a complaint lodged before the police by the de facto complainant. Investigation is in progress. 2. At this juncture, the petitioners and the 2nd respondent have come before this Court to report before this Court that the disputes between them have been settled harmoniously. The spouses have now no dispute between them and, in these circumstances, the 2nd respondent does not want to further prosecute the petitioners. The composition may be accepted though the offence is not compoundable and unnecessary irrelevant and oppressive continuance of further proceedings may be avoided, submit both counsel. 3. Respondent has entered appearance through counsel. Affidavit filed duly attested by the notary has been produced before court to confirm such composition/settlement. Crl.M.C.No.4213/08 2 4. Notice was given to the learned Public Prosecutor. The learned Public Prosecutor does not raise any objection. 5. I am satisfied, in the facts and circumstances of this case, that this is an eminently fit case where the extraordinary inherent jurisdiction under Section 482 Cr.P.C as enabled by the dictum in B.S.Joshi vs. State of Haryana [AIR 2003 SC 1386] can be invoked and premature termination of proceedings can be brought about. 6. In the result, a) This Crl.M.C is allowed. b) Crime No.277/2008 of Kattur police station in which the petitioners are arrayed as accused at the instance of the de facto complainant/informant is hereby quashed. (R.BASANT, JUDGE) jsr Crl.M.C.No.4213/08 3 Crl.M.C.No.4213/08 4 R.BASANT, J. CRL.M.C.No. of 2008 ORDER 09/07/2008