IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 2296 of 2008()
1. GIREESH
... Petitioner
Vs
1. THE STATE OF KERALA
... Respondent
For Petitioner :SRI.A.T.ANILKUMAR
For Respondent :SRI.C.P.SAJI
The Hon'ble MR. Justice R.BASANT
Dated :19/06/2008
O R D E R
R. BASANT, J.
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Crl.M.C. No. 2296 of 2008
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Dated this the 19th day of June, 2008
ORDER
The petitioners face allegations in a crime registered
alleging offences punishable, inter alia, under Sec.498A of the
IPC. The crime has been registered on the basis of a private
complaint filed by the complainant before the learned
Magistrate and referred to the police by the learned
Magistrate under Sec.156(3) of the Cr.P.C. Investigation is in
progress. The complaint has been filed by the 2nd respondent
– wife, against the 1st petitioner – her husband, as also
petitioners 2 and 3 who are the parents of the 1st petitioner.
2. The petitioners as well as the 2nd respondent have now
come before this Court, at this juncture, before the final report
is filed, with a prayer that all further proceedings initiated in
pursuance of the complaint filed in the FIR registered, may be
Crl.M.C. No. 2296 of 2008 -: 2 :-
quashed inasmuch as the parties have willingly and voluntarily
settled all their disputes. An affidavit of the 2nd respondent is
being filed, submits the learned counsel for the 2nd respondent.
The learned counsel for the 2nd respondent confirms that the
matter has been settled between the parties voluntarily and
genuinely and the 2nd respondent has compounded the offence
allegedly committed by the petitioners.
3. I am satisfied, in these circumstances, that parties have
willingly and voluntarily settled their disputes. If legally
permissible and possible, the composition can be accepted and
the premature termination of the proceedings can be brought
about, I am satisfied.
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 decisions of the Supreme
Court in B.S. Joshy v. State of Haryana (AIR 2003 SC 1386)
and Madhan Mohan Abbot v. State of Punjab (2008 AIR
SCW 2287). I am satisfied that, relying on these decisions,
powers under Sec.482 of the Cr.P.C. can be invoked in the facts
and circumstances of the instant case where such invocation is
found to be imminently justified.
Crl.M.C. No. 2296 of 2008 -: 3 :-
5. In the result:
(a) This Crl.M.C. is allowed.
(b) Crime No.428/07 of the Ernakulam Town North Police
Station and all further steps taken in pursuance of such crime
are hereby quashed.
Sd/-
(R. BASANT, JUDGE)
Nan/
//true copy//
P.S. to Judge