IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 12TH JANUARY 2009 / 22ND POUSHA 1930 Crl.MC.No. 4769 of 2008(C) -------------------------------------- ( CC.13/2007 OF JUDL. MAGISTRATE OF FIRST CLASS COURT-I, PONNANI ) .................... PETITIONER(S): 1ST ACCUSED -------------------------- KUNHAN BAVA, S/O. ABDULLA, KURIYAMAKKANATH, ASHIKKAL, PONNANI. BY ADV. SRI.K.B.ARUNKUMAR RESPONDENTS: ----------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, PONNANI POLICE STATION, PONNANI. 3. SAJNA, D/O. MOHAMMEDKUTTY, MUSSIYAN VEEDU, KOTTATHARA DESOM, ESWARAMANGALAM AMSOM, PONNANI TALUK. *ADDL. RESPONDENTS 4 & 5 IMPLEADED: 4. ASHRAF, S/O.MOITHEEN BAVA, VAMBANTE VEEDU, PONNANI VILLAGE. 5. ABDUL FATHAH, S/O. ABDU RAHIMAN PADINJARAKATHU VEEDU, NEAR M.E.S. COLLEGE GROUND, SOUTH PONNAI, PONNANI VILLAGE. *ADDL. R4 & R5 ARE IMPLEADED AS PER ORDER DATED 12/01/2009 IN CRL.M.A.NO.189/09. R1 & R2 BY PUBLIC PROSECUTOR SRI. P.A. SALIM, R3 BY ADV. SRI.RANJIT BABU. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 12/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. R. BASANT, J. ------------------------------------------------- Crl.M.C. No. 4769 of 2008 ------------------------------------------------- Dated this the 12th day of January, 2009 ORDER The petitioner and additional R4 and R5 face indictment in a prosecution for offences punishable, inter alia, under Sec.498A IPC. Investigation is complete. Final report has already been filed. Cognizance has been taken by the learned Magistrate. Trial has not commenced. 2. The crime was registered on the basis of a First Information Statement registered at the instance of the 3rd respondent herein. The 3rd respondent is the wife of the 4th respondent. The petitioner and the 5th respondent are friends/ relatives of the 4th respondent. Investigation is complete. Final report has already been filed. Cognizance has been taken. Trial has not commenced. 3. At this juncture, the petitioner has come to this Court Crl.M.C. No. 4769 of 2008 -: 2 :- along with the 3rd respondent to apprise this Court of the fact that all the outstanding disputes between the parties have been settled and the 3rd respondent has compounded all offences alleged against the petitioner herein and respondents 4 and 5. The marital tie has been brought to an end harmoniously and the outstanding disputes between them have been settled, it is submitted. 4. The 3rd respondent has entered appearance through counsel. The learned counsel confirms such settlement/ composition. Annexure-III agreement has been filed to confirm that the parties have settled their disputes amicably. 5. The learned counsel for the petitioner and the 3rd respondent pray, the learned Public Prosecutor does not oppose the said prayer and I am satisfied that this is an eminently fit case where the prosecution which is pending against the petitioner and respondents 4 and 5 can be brought to premature termination invoking the dictum in B.S. Joshy v. State of Haryana (AIR 2003 SC 1386). 6. In the result: (a) This Crl.M.C. is allowed. (b) C.C.No.13/07 pending before the learned JMFC, Ponnani, against the petitioner and respondents 4 and 5 in which Crl.M.C. No. 4769 of 2008 -: 3 :- the 3rd respondent is the de facto complainant is hereby quashed. (c) Needless to say, the proceedings, if any, pending against the petitioner and his sureties under Sec.446 Cr.P.C. shall be disposed of by the learned Magistrate in accordance with law. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge