IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 4972 of 2008()
1. SHANMUGHAN, S/O.NARAYANACHARI,
... Petitioner
Vs
1. KANAKAM, W/O.SHANMUGHAM,
... Respondent
2. STATE OF KERALA, REP. BY THE PUBLIC
For Petitioner :SRI.AYPE JOSEPH
For Respondent :SRI.BENNY VARGHESE (THETTAYIL)
The Hon'ble MR. Justice R.BASANT
Dated :19/12/2008
O R D E R
R. BASANT, J.
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Crl.M.C.No. 4972 of 2008
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Dated this the 19th day of December, 2008
O R D E R
The petitioner is the sole accused facing indictment in a
prosecution for the offence punishable under Section 498A I.P.C.
Cognizance has been taken on the basis of a private complaint
filed by the first respondent herein. Though three more accused
were arrayed as accused, cognizance was taken by the learned
Magistrate only against the petitioner herein, who is the husband
of the first accused.
2. Trial has not commenced. During the pendency of the
proceedings, the petitioner/accused and the first respondent/
complainant have come before this Court to report to this court
that they have settled the disputes and the first respondent has
compounded the offences allegedly committed by the petitioner.
The spouses are now residing separately and they have agreed
that the matrimonial tie can be dissolved.
3. The first respondent has entered appearance through
counsel to confirm such settlement/composition. An affidavit
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duly attested has been filed by the first respondent to confirm such
settlement.
4. The learned counsel for the petitioner prays, the learned
counsel for the first respondent does not oppose the said prayer and I
am satisfied that this is an eminently fit case where the extra ordinary
inherent jurisdiction under Section 482 Cr.P.C. as enabled by the
dictum in B.S. Joshi v. State of Haryana (AIR 2003 SC 1386) can
safely be invoked to bring to premature termination the unnecessary
and irrelevant prosecution against the petitioners.
5. In the result:
a) This Crl.M.C. is hence allowed.
b) C.C. No. 3631 of 2007, pending before the Judicial First
Class Magistrate-I, Aluva, in which the petitioner is the sole accused
and the first respondent is the defacto complainant, is hereby quashed.
c) Needless to say, proceedings under Section 446 Cr.P.C., if
any, pending against the petitioners and the sureties shall be disposed
of in accordance with law.
(R. BASANT)
tm Judge
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