IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 2379 of 2008()
1. PRAKASH M. MANIYAN,
... Petitioner
2. LALITHA,
Vs
1. STATE OF KERALA, REP. BY THE
... Respondent
2. DIVYA I. PONNAN,
For Petitioner :SRI.M.V.THAMBAN
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :02/07/2008
O R D E R
R.BASANT, J
------------------------------------
Crl.M.C. No.2379 of 2008
-------------------------------------
Dated this the 2nd day of July, 2008
ORDER
Petitioners face allegations in a crime registered as Crime
No.202 of 2008 of Mannar Police Station for the offence
punishable under Section 498 A r/w 34 I.P.C. Petitioners are the
husband and mother in law of the 2nd respondent/defacto
complainant. Investigation is in progress. The learned Public
Prosecutor submits that in fact the investigation is already
complete and the final report has already been filed. The
petitioners along with the 2nd respondent have now appeared
before the Court to apprise this Court of the fact that all the
outstanding disputes between the petitioners and the 2nd
respondent have now been settled harmoniously. The spouses
have now resumed cohabitation and are living a happy and
peaceful matrimonial life. In these circumstances, it is prayed
that the settlement/composition may be taken note of judicially
and further proceedings in the crime may be brought to
premature termination invoking the extraordinary inherent
powers under Section 482 Cr.P.C.
Crl.M.C. No.2379 of 2008 2
2. The 2nd respondent has entered appearance through
counsel. It is confirmed that the 2nd respondent herein is the
defacto complainant in Crime 202 of 2008 and that the matter
has been settled between the parties. They have resumed
harmonious cohabitation. The 2nd respondent has compounded
the offences allegedly committed by the petitioners.
3. I am satisfied from the submissions made at the Bar
and from the affidavit filed by the 2nd respondent that there has
been a voluntary and genuine settlement of the disputes and
composition of the offences by the 2nd respondent. If legally
possible and permissible, I am satisfied that the composition can
be accepted and the proceedings against the petitioners can be
brought to premature termination.
4. But the offence under Section 498 A I.P.C is not legally
compoundable. Counsel, in these circumstances, rely on the
decision in B.S.Joshy v. State of Haryana [A.I.R (2003) SC
1386].
5. Notice was given to the learned Public Prosecutor. The
learned Public Prosecutor submits that the State has no objection
against quashing of proceedings against the petitioner.
Crl.M.C. No.2379 of 2008 3
6. I am satisfied, in the facts and circumstances of this
case, that this is an eminently fit case where the extraordinary
inherent jurisdiction under Section 482 Cr.P.C can be invoked to
bring to premature termination the proceedings against the
petitioners.
7. In the result:
i) This Crl.M.C is, allowed;
ii) Crime No.202 of 2008 of Mannar Police Station, final
report, if any filed in that crime and all further proceedings
against the petitioners are hereby quashed.
(R.BASANT, JUDGE)
rtr/-