IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 2ND SEPTEMBER 2008 / 11TH BHADRA 1930 Crl.MC.No. 3324 of 2008() ----------------------------------- CC.309/2007 of JUDL.MAGISTRATE OF FIRST CLASS COURT, TIRUR. CR. NO.206/2001 OF KALPAKANCHERRY POLICE STATION. .................... PETITIONER: ACCUSED ------------------ SAITHALI, AGED 36 YEARS, S/O. MOHAMMED, KORAMBATTU HOUSE, NIRAMARUTHOOR AMSOM DESOM, TIRUR TALUK, MALAPPURAM. BY ADV. SRI.C.V.MANUVILSAN SRI.VIDYA MANUVILSAN RESPONDENTS: ----------------------- 1. STATE OF KERALA, REP.BY THE SI OF POLICE KALPAKANCHERRY POLICE STATION THROUGH THE PUBLIC PROSECUTOR , HIGH COURT OF KERALA, ERNAKULAM. 2. AMINA, AGED 32 YEARS, VAKKAYIL HOUSE, PONMUNDAM AMSOM, POTHANNOOR DESOM TIRUR TALUK, MALAPPURAM. BY PUBLIC PROSECUTOR SRI.GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 02/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 3324 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 2nd day of September, 2008 O R D E R The petitioner faces indictment in a prosecution under Section 498A I.P.C. Cognizance has been taken on the basis of the final report submitted by the police after due investigation. The crime in turn has been registered on the basis of a private complaint filed before the learned Magistrate by the defacto complainant, the wife of the petitioner, who has been arrayed as the second respondent herein. The mother of the petitioner, a co- accused, has already been tried, found not guilty and acquitted. The case against the petitioner is pending before the learned Magistrate. 2. During the pendency of the proceedings the parties have settled their disputes and it is submitted that the spouses have, after harmonious settlement between them, resumed cohabitation. In these circumstances the petitioner and the second respondent have come before this Court with a prayer that the proceedings Crl.M.C.No. 3324 of 2008 2 against the petitioner may be quashed invoking the extra ordinary inherent jurisdiction under Section 482 Cr.P.C. as explained in the dictum in B.S. Joshy v. State of Haryana (AIR 2003 SC 1386). 3. The respondent has entered appearance through counsel. The counsel confirms that the matter has been settled. An affidavit has been filed by the second respondent duly attested by the counsel to confirm the fact that the disputes have been settled between the parties and the offence has been compounded by the second respondent. I am satisfied that there has been a voluntary and genuine settlement of the disputes between the spouses and composition of the alleged offences by the second respondent. Notwithstanding the the fact that the offence under Section 498A is not compoundable under Section 320 Cr.P.C. I am satisfied that the dictum in B.S. Joshy (supra) can safely be pressed into service to justify the invocation of the jurisdiction under Section 482 Cr.P.C. 5. In the result: a) This Crl.M.C. is accordingly allowed. Crl.M.C.No. 3324 of 2008 3 b) C.C. 309 of 2007 pending before the J.F.M.C.,Tirur is hereby quashed. c) Proceedings under Section 446 Cr.P.C., if any, pending against the petitioner and his sureties shall be disposed of by the learned Magistrate in accordance with law. (R. BASANT) Judge tm