High Court Kerala High Court

Denny vs Resmy on 6 August, 2008

Kerala High Court
Denny vs Resmy on 6 August, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.MC.No. 2899 of 2008()


1. DENNY, AGED 30, S/O.DAVIS, VELLANI
                      ...  Petitioner
2. DAVIS, S/O.ANTONY AGED 60,
3. ALPHONSA, W/O.DAVIS, PERAMBRA VILLAGE

                        Vs



1. RESMY, D/O.CHIRAMMEL OUSEPHACHAN,
                       ...       Respondent

2. STATE OF KERALA, REP. BY THE S.I. OF

                For Petitioner  :SRI.G.SREEKUMAR (CHELUR)

                For Respondent  :SRI.SAIJO HASSAN

The Hon'ble MR. Justice R.BASANT

 Dated :06/08/2008

 O R D E R
                          R. BASANT, J.
            -------------------------------------------------
                  Crl.M.C. No.2899 of 2008
            -------------------------------------------------
           Dated this the 6th day of August, 2008

                               ORDER

The petitioners face indictment in a prosecution for

offences punishable, inter alia, under Sec.498A IPC.

Cognizance has been taken on the basis of a final report

submitted by the police after due investigation. The 1st

respondent herein is the wife of the 1st petitioner and

daughter-in-law of petitioners 2 and 3. Proceedings were

initiated against the petitioners on the basis of the complaint of

the 1st respondent herein. Cognizance has been taken by the

learned Magistrate. Proceedings are pending before the

learned Magistrate. It is at this stage that the petitioners,

along with the 1st respondent, have come before this Court to

apprise this Court of the fact that the matrimonial disputes

have been settled and the spouses have decided to dissolve the

Crl.M.C. No.2899 of 2008 -: 2 :-

marriage and reside separately. The 1st respondent has settled

all the disputes with the petitioners and has compounded the

offences allegedly committed by the petitioners. An application

has been filed before the Family Court for dissolution of

marriage.

2. The petitioners as well as the 1st respondent report to

this Court that the disputes between them having been settled,

the continuance of the prosecution is irrelevant and

unnecessary. It is, in these circumstances, prayed that the

surviving prosecution against the petitioners may be quashed.

An affidavit has been filed by the 1st respondent as Annexure-III

in which it is confirmed that the matter is settled between the

parties.

3. I am satisfied from the submissions made at the Bar by

the learned counsel for the contestants as also from the

documents produced that the disputes have been settled

between the parties willingly and voluntarily and the 1st

respondent has genuinely compounded the offences allegedly

committed by the petitioners. 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

Crl.M.C. No.2899 of 2008 -: 3 :-

compoundable. But the learned counsel for the parties, in these

circumstances, rightly rely on the decision of the Supreme Court

in B.S. Joshy v. State of Haryana (AIR 2003 SC 1386). I am

satisfied that, relying on the said decision, 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 eminently justified.

5. In the result:

(a) This Crl.M.C. is allowed.

(b) C.C.No.392/06 before the learned Judicial First Class

Magistrate, Irinjalakuda, against the petitioners is hereby

quashed.

Sd/-

(R. BASANT, JUDGE)

Nan/

//true copy//

P.S. to Judge

Crl.M.C. No.2899 of 2008 -: 4 :-