SALAHUDEEN KOYA Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioners are accused 1 to 4 in a prosecution, inter alia, under Section 498 A I.P.C. The said proceedings was initiated on the basis of a private complaint filed by the 2nd respondent herein, which was referred to the police under Section 156(3) Cr.P.C. After investigation, final report was filed by the police and cognizance was taken by the learned Magistrate. The case is now pending before the Judicial Magistrate of the First Class, Paravur as C.C.No.536 of 2006. The 1st petitioner/1st accused is the husband of the 2nd respondent. Petitioners 2 to 4 are relatives of the 1st petitioner .1st accused.

(2.) The petition is to quash the proceedings initiated against the petitioners by invoking the extraordinary inherent jurisdiction under Section 482 Cr.P.C. In the course of the proceedings it was submitted that the matter has been settled amicably between the parties. They have settled all their disputes and the 2nd respondent has compounded all the offences allegedly committed by the petitioners/accused 1 to 4. The 2nd respondent has entered appearance through counsel. The counsel for the petitioners as well as the 2nd respondent submit before the Court that the disputes have been settled. They have filed a compromise petition as Crl.M.P.No.1162 of 2007. Both the counsel have asserted in such petition that the matter has been settled and all payments due have been paid.

(3.) I am satisfied from the submissions made at the bar, as also the compromise petition Crl.M.P.No.1162 of 2007 filed on behalf of the rival contestants and the affidavit filed by the counsel for the rival contestants as also the agreement which is said to be entered into between the parties that all disputes between the parties have been settled. The offence under Section 498 A I.P.C is not declared to be compoundable under Section 320 Cr.P.C. But in such a situation counsel rely on the decision in B.S.Joshy v. State of Haryana [A.I.R (2003) S.C 1386].