IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 23RD MARCH 2007 / 2ND CHAITHRA 1929 Crl.MC.No. 867 of 2007() ------------------------ CC.904/2006 of JUDL.MAGISTRATE OF FIRST CLASS COURT, TALIPARAMBA .................... PETITIONER: ACCUSED --------------------------------- 1. BINU THOMAS, S/O CHACKO, AGED 33 YEARS, CHENGALAI AMSOM, VALAKKAI, TALIPARAMBA TALUK, KANNUR DISTRICT. 2. SOSAMMA, AGED 63 YEARS, CHENGALAI AMSOM, VALAKKAI, TALIPARAMBA TALUK, KANNUR DISTRICT. BY ADV. SRI.B.PREMNATH (E) RESPONDENTS: STATE & DE FACTO COMPLAINANT -------------------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE STATION HOUSE OFFICER, SREEKANDAPURAM POLICE STATION(REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM). 2. ELIYAMMA K.M, D/O KALARIKKAL MATHAI, MANGOD, WEST ELERI VILLAGE, HOSDURG TALUK, KASARAGOD DISTRICT. BY ADV. SRI.N.K.SUBRAMANIAN PUBLIC PROSECUTOR SRI.S.U.NAZER THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23/03/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- Crl.M.C.No.867 of 2007 ---------------------------------------- Dated this the 23rd day of March 2007 O R D E R The petitioners face indictment in a prosecution under Section 498A read with 34 I.P.C. They are the husband and the mother-in-law of the second respondent/defacto complainant. Proceedings were initiated against the petitioners on the basis of a complaint filed by the second respondent. Cognizance was taken on the basis of a final report submitted by the police after due investigation. The petitioners submit, and the second respondent who has entered appearance through counsel before this court endorses that submission, that the dispute between the parties have been settled amicably and the second respondent has compounded the offence committed by the petitioners. In these circumstances, the continuance of the prosecution is remaining as an unnecessary irritant in the harmony that has been struck after the commencement of the proceedings. In these circumstances, it is prayed that the powers under Section 482 Cr.P.C may be invoked and the proceedings quashed. Crl.M.C.No.867/07 2 2. I am satisfied that the parties have voluntarily settled their disputes and the second respondent has compounded the offence committed by the petitioners. The second respondent has filed an affidavit along with the first petitioner and the learned counsel for the second respondent vouches for the signature of the second respondent in that affidavit. The offence under Section 498A I.P.C is not compoundable. The learned counsel for the rival contestants, in these circumstances, place reliance on the decision in B.S.Joshi vs. State of Haryana [AIR 2003 SC 1386]. The rationale underlying in the decision is that the interest of justice may, at times, transcend the interests of mere law. I am satisfied that this is a fit case where the extraordinary inherent powers under Section 482 Cr.P.C can and ought to be invoked to bring to premature termination the prosecution which has lost its meaning and significance now. 3. In the result, this Criminal Miscellaneous Case is allowed. C.C.No.904/2006 pending before the Judicial First Class Magistrate Court-I, Taliparamba is hereby quashed. (R.BASANT, JUDGE) jsr // True Copy// PA to Judge Crl.M.C.No.867/07 3 Crl.M.C.No.867/07 4 R.BASANT, J C.R.R.P.No. ORDER 21ST DAY OF JULY 2006