IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 12TH APRIL 2007 / 22ND CHAITHRA 1929 Crl.MC.No. 1168 of 2007() ------------------------- CC.913/2006 of JUDL. MAGISTRATE OF FIRST CLASS COURT, KODUNGALLUR .................... PETITIONERS: --------------------- 1. BINOY, AGED 33 YEARS, S/O. VASUDEVAN THAIPARAMBATH HOUSE, LOKAMALESWARAM VILLAGE, KODUNGALLUR TALUK, THRISSUR DIST. 2. VASUDEVAN, AGED 62 YEARS S/O. SUBRAMANIAN, THAIPARAMBATHHOUSE DO. DO. 3. GIRIJA AGED 61 YEARS, W/O. VASUDEVAN, DO. DO. BY ADV. SRI.BABU KARUKAPADATH SMT.M.A.VAHEEDA BABU SRI.K.A.NOUSHAD RESPONDENTS: --------------------- 1. STATE OF KERALA, REP. BY STATION HOUSE OFFICER, KODUNGALLUR POLICE STATIOIN (FIR NO.627/06, CC 913/06 JFCM COURT, KODUNGALLUR) REP. BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. 2. RUBY AGED 24 YEARS W/O. BINOY THAIPARAMBATH HOUSE LOKAMALESWARAM VILLAGE KODUNGALLUR TALUK, THRISSUR DIST. R1 BY PUBLIC PROSECUTOR SRI. GIKKU JACOB R2 BY ADV. SHRI.M. SHAJU PURUSHOTHAMAN THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 12/04/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 1168 of 2007 - - - - - - - - - - - - - - - - - - - - - - Dated this the 12th day of April, 2007 O R D E R The petitioners are the husband and parents-in-law of the second respondent/defacto complainant. On the complaint of the defacto complainant, a crime was registered and investigation was conducted by the police. Final report has been filed and cognizance has been taken by the learned Magistrate. 2. The petitioners have now come before this court with a prayer that the proceedings against them may be quashed invoking the powers under Section 482 Cr.P.C. In as much as the disputes between the spouses have been settled amicably and harmony has returned to the matrimony, it is prayed that powers under Section 482 Cr.P.C. may be invoked to prematurely terminate the proceedings, which has now lost its relevance and meaning. 3. The 2nd respondent has entered appearance through counsel. A copy of an affidavit filed by the 2nd respondent is produced as Annex.2. The learned counsel for the 2nd respondent confirms that the matter has been settled and the parties have now resumed Crl.M.C.No. 1168 of 2007 2 cohabitation. I am satisfied that the matter has been settled between the parities and the 2nd respondent/defacto complainant has compounded the offences alleged against the petitioners. The composition can be accepted, if the same is legally permissible. 4. The offence under Section 498A I.P.C. is not compoundable. But the learned counsel for the petitioners relies on the decision in B.S. Joshi v. State of Haryana (AIR 2003 SC 1386). The said decision is authority for the proposition that at times the interests of justice may transcend the interests of mere law and in such circumstances the provisions of Section 320 Cr.P.C. cannot be reckoned as a fetter on the sweeping powers of the Court under Section 482 Cr.P.C. to act in aid of justice. I am satisfied that the dictum therein is squarely applicable and can be invoked to prematurely terminate the proceedings against the first petitioner. 5. This Crl.M.C. is hence allowed. C.C.No. 913 of 2006 pending before the J.F.C.M. Court, Kodungallur, is hereby quashed. (R. BASANT) Judge tm