IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 3919 of 2008()
1. RASSAL B.S., AGED 27 YEARS,
... Petitioner
2. SULTHAN BEEVI, AGED 56 YEARS,
3. BADHARUDHEENKUTTY, AGED 58 YEARS,
Vs
1. STATE OF KERALA, REP. BY THE PUBLIC
... Respondent
2. NOUFIA, AGED 22 YEARS,
For Petitioner :SRI.BIMAL K.NATH
For Respondent :SRI.B.PREMOD
The Hon'ble MR. Justice R.BASANT
Dated :20/10/2008
O R D E R
R. BASANT, J.
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Crl.M.C. No. 3919 of 2008
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Dated this the 20th day of October, 2008
ORDER
The petitioners face allegations in a crime registered
alleging the offence punishable under Section 498A I.P.C. The
crime has been registered on the basis of a private complaint
filed by the second respondent/de facto complainant. The
petitioners are the husband, mother-in-law and father-in-law
respectively of the de facto complainant. The crime has been
registered on the basis of a private complaint filed before the
learned Magistrate and referred to the police under Section
156(3) Cr.P.C. Investigation is in progress.
2. At this stage, the petitioners have come to this court
along with the de facto complainant to apprise this court of the
fact that they have settled all their outstanding disputes.
Harmonious cohabitation has been resumed by the spouses
and, in these circumstances, the second respondent has no
Crl.M.C. No. 3919 of 2008 -: 2 :-
intention to proceed against the petitioners. She has
compounded the offence allegedly committed by all the
petitioners. She has filed an affidavit duly attested by an
advocate to confirm that the disputes have been settled and the
offence alleged has been compounded.
3. The learned counsel pray that in the light of the
settlement and composition and in the wake of the decision in
B.S. Joshy v. State of Haryana (AIR 2003 SC 1386), powers
under Section 482 Cr.P.C. may be invoked to quash the
proceedings against the petitioners.
4. Notice was given to the learned Public Prosecutor.
He raises no objection. The counsel for the respondent/de facto
complainant vouches for the signature of the de facto
complainant in the affidavit.
5. I am satisfied that this is an eminently fit case where
the powers under Sec.482 Cr.P.C. as enabled by the dictum in
B.S. Joshy 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.66/08 of the Killikolloor Police Station in
Crl.M.C. No. 3919 of 2008 -: 3 :-
which the petitioners are the accused and the 2nd respondent is
the de facto complainant is hereby quashed.
Sd/-
(R. BASANT, JUDGE)
Nan/
//true copy//
P.S. to Judge