IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 7TH OCTOBER 2008 / 15TH ASWINA 1930 Crl.MC.No. 3642 of 2008() ------------------------- CRA.305/2006 of SESSIONS COURT, MANJERI CC.491/2001 of JUDL. MAGISTRATE OF FIRST CLASS COURT, PARAPPANANGADI .................... PETITIONER: 1ST ACCUSED -------------------------- CHERIYAMUHAMMED HAJI, AGED 88 YEARS, S/O.MUHAMMED, NUMBIPARAMBIL, THANALUR, TIRUR. BY ADV. SRI.SAJEEV KUMAR K.GOPAL RESPONDENT(S): STATE/DEFACTO COMPLAINANT ---------------------------------------- 1. STATE OF KERALA, REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. BUSHRA,W/O.MOIDEEN, NAMBIPARAMBIL, THANALOOR, TIRUR. R1 BY PUBLIC PROSECUTOR SHRI. SALIM P.A. ADV. SRI.K.K.DHEERENDRAKRISHNAN FOR R2 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 07/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------- CRL. M.C. No. 3642 OF 2008 ------------------------------- Dated this the 7th October, 2008. O R D E R Petitioner faced indictment for the offences punishable under Section 498A read with 34 IPC along with the co-accused. Altogether there were three accused persons. All the three accused faced trial. Accused 2 and 3 were acquitted whereas the petitioner herein was found guilty, convicted and sentenced. An appeal has been preferred against the verdict of guilt and the same was pending before the Sessions Court, Manjery as Crl. Appeal 305/06. 2. During the pendency of the appeal the defacto complainant/victim i.e the second respondent herein and the petitioner have settled the disputes. All outstanding disputes have been settled. The second respondent has compounded the offence allegedly committed by the petitioner. An affidavit filed by the second respondent is produced as Annexure A3 to confirm that there has been a settlement of all outstanding disputes and composition of the offences allegedly committed by the petitioner. The spouses along with the accused persons are living together and Crl. M.C.3642/08 2 are leading a harmonious life now, it is submitted. It is in these circumstances prayed that the composition may be accepted and the conviction and sentence imposed on the petitioner may be set aside. 3. I am satisfied from the totality of facts and circumstances applicable in this case that the parties have willingly and voluntarily settled all outstanding disputes and that the second respondent has compounded the offence allegedly committed by the petitioner. If legally possible and permissible, I am satisfied that the composition can be accepted and the proceedings can be brought to termination. 4. But the offence under Section 498A is not legally compoundable. Counsel in these circumstances rely on the decision in B.S.Joshi v. State of Haryana (AIR 2003 S.C.1386). That decision is authority for the proposition that the mere fact that the offence is not compoundable under Section 320 Cr.P.C cannot be permitted to fetter the width and sweep of the extraordinary jurisdiction under Section 482 Cr.P.C. Powers under Section 482 Cr.P.C can in appropriate cases be invoked even to do justice beyond the law. 5. Notice was given to the learned Prosecutor. Learned Prosecutor does not oppose the application. I am in these Crl. M.C.3642/08 3 circumstances satisfied that this is an eminently fit case where powers under Section 482 Cr.P.C as enabled by the dictum in B.S.Joshi v. State of Haryana (AIR 2003 S.C.1386) and Madhan Mohan Abbot v. State of Punjab (2008 AIR SCW 2287), notwithstanding the fact that the offence is not declared to be compoundable, can be accepted and proceedings can be brought to premature termination. 6. In the result : a) This criminal M.C. Is allowed. b) The verdict of guilt, conviction and sentence imposed on the petitioner as per judgment dated 13.7.2006 in C.C.491/01 by the Judicial I Class Magistrate, Parappanangadi is hereby set aside and all proceedings against the petitioner is quashed. Consequently Criminal Appeal 305/06 before the Sessions Court, Manjery shall stand dismissed as unnecessary. R.BASANT JUDGE jj