High Court Kerala High Court

Abdul Kareem vs State Of Kerala Represented By … on 10 December, 2008

Kerala High Court
Abdul Kareem vs State Of Kerala Represented By … on 10 December, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.MC.No. 4681 of 2008()


1. ABDUL KAREEM, S/O.V.H.KASIM,
                      ...  Petitioner
2. KHADEEJA, W/O.V.H.KASIM, VALIYAVEETTIL
3. V.H.KASIM, S/O.HAMSA, VALIYAVEETTIL
4. ABDUL GAFOOR, S/O.AHAMMED KUTTY,
5. NAFEESA, W/O.ABDUL GAFOOR,

                        Vs



1. STATE OF KERALA REPRESENTED BY PUBLIC
                       ...       Respondent

2. PYASA, D/O.T.A.RAHMAN, THALANJERY HOUSE,

                For Petitioner  :SRI.M.C.ANTONY

                For Respondent  :SRI.KURIAKOSE.J.THEKKEL

The Hon'ble MR. Justice R.BASANT

 Dated :10/12/2008

 O R D E R
                              R.BASANT, J
                       ------------------------------------
                     Crl.M.C. No.4681 of 2008
                      -------------------------------------
            Dated this the 10th day of December, 2008

                                   ORDER

Petitioners face indictment in a prosecution for offences

punishable, inter alia, under Section 498 A I.P.C. Cognizance

has been taken on the basis of a final report submitted by the

police after due investigation. The 2nd respondent herein is the

defacto complainant/victim in that prosecution. The 1st

petitioner is the husband of the 2nd respondent and petitioners 2

to 5 are the relatives of the 1st petitioner. Final report has

already been filed. Cognizance has been taken. Trial has not

commenced so far.

2. At this stage, the petitioners and the 2nd respondent

have come before this Court through their counsel to apprise

this Court of the fact that the dispute between them have been

settled and the 2nd respondent has compounded all offences

allegedly committed by the petitioners. The learned counsel for

the 2nd respondent confirms such settlement. Annexure-B

agreement between parties has been produced to confirm that

the matter has been settled and the offences have been

compounded. Crl.M.Appl.No.6857 of 2008 has been filed by the

Crl.M.C. No.4681 of 2008 2

petitioners and the 2nd respondent duly countersigned by their

respective counsel to confirm such settlement/composition.

3. The learned counsel for the petitioners and the 2nd

respondent pray, the learned Public Prosecutor after taking

instructions does not oppose the said prayer and I am satisfied

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.Joshy v. State of Haryana [A.I.R (2003) SC

1386] can safely be invoked to bring to premature termination

the prosecution against the petitioners which has now become

irrelevant and unnecessary.

4. In the result:

a) This Crl.M.C is allowed;

b) C.C.No.465 of 2008, pending before the learned

Judicial Magistrate of the First Class, Thamarassery, in which

the petitioners are the accused and the 2nd respondent herein is

the defacto complainant, is hereby quashed;

c) Needless to say, proceedings, if any, pending against

the petitioners and their sureties, shall be disposed of in

accordance with law.

(R.BASANT, JUDGE)
rtr/-