IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 19TH AUGUST 2008 / 28TH SRAVANA 1930 Crl.MC.No. 3142 of 2008() ------------------------- CC.230/2008 of CHIEF JUDICIAL MAGISTRATE COURT, KOZHIKODE CRIME NO.28/08 OF THE KASARAGOD POLICE STATION. .................... PETITIONER: ACCUSED ------------------- 1. MOHAMMED NIYAZ, AGED 28, S/O. BISMILLA SHAFI @ MOHAMMED SHAFI. 2. BISMILLA SHAFI @ MOHAMMED SHAFIT, AGED 53, S/O. AHAMMAD 3. KADEEJATH KUMBRA, AGED 45, W/O. BISMILLA SHAFI @ MOHAMMED SHAFI, (ALL ARE RESIDING AT NAWAZ MANZIL, THEKKIL FERY, POST THEKKIL, CHENGALA VILLAGE, KASARAGOD TALUK. BY ADV. SRI.T.B.SHAJIMON SMT.GOVINDU P.RENUKADEVI RESPONDENTS: ------------- 1. THAHIRA, AGED 22, D/O. ABDULLA, RESIDING AT BANUL FALATH, MOGRAL.P.O, KUMBALA, KASARAGOD 2. STATE OF KERALA, REPRESENTED BY S.H.O, KASARAGOD POLICE STATION, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY P.P. SRI. GIKKU JACOB. BY ADV. SRI.SIJU MATHEW FOR R1 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 19/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- Crl.M.C. No. 3142 of 2008 ------------------------------------------------- Dated this the 19th day of August, 2008 ORDER The petitioners face indictment in a prosecution for offences punishable, inter alia, under Sec.498A IPC. Cognizance has been taken on the basis of a final report submitted by the police after due investigation. That crime, in turn, was registered on the basis of a complaint filed by the 1st respondent herein before the learned Magistrate and referred by the learned Magistrate to the police under Sec.156(3) Cr.P.C. Investigation is complete. Final report has already been filed. The 1st petitioner is the husband of the 1st respondent. Petitioners 2 and 3 are the parents-in-law of the 1st respondent. 2. The matter is pending before the learned Chief Judicial Magistrate, Kasaragod. During the pendency of the Crl.M.C. No. 3142 of 2008 -: 2 :- proceedings, the spouses have settled their disputes. The marital tie has been brought to termination and the parties having settled all their disputes are residing separately without any disputes between them. The 1st respondent has compounded the offences allegedly committed by the petitioners herein. It is, in these circumstances, prayed that the prosecution, which has now become unnecessary and irrelevant, against the petitioners may be quashed invoking the extraordinary inherent jurisdiction available to this Court under Sec.482 Cr.P.C. 3. The learned counsel for the 1st respondent vouches for the fact that the disputes have been settled between the contestants. A joint petition has been filed by the petitioners and the de facto complainant. That joint statement is duly counter signed by the learned counsel for the parties. Both counsel submit that the contestants have settled their disputes and that the 1st respondent has compounded the offences allegedly committed by the petitioners. 4. I am satisfied from the submissions made at the Bar and from the materials produced before this Court that the disputes between the parties have been settled amicably and the 1st respondent has compounded the offences allegedly committed by Crl.M.C. No. 3142 of 2008 -: 3 :- the petitioners. If legally permissible and possible, I am satisfied that the composition can be accepted and the proceedings can be brought to premature termination. 5. The offence under Sec.498A of the IPC is not compoundable. But the learned counsel for the parties, in these circumstances, rightly rely on the decision of the Supreme Court in B.S. Joshy v. State of Haryana (AIR 2003 SC 1386). I am satisfied that, relying on the decision, powers under Sec.482 of the Cr.P.C. can be invoked in the facts and circumstances of the instant case where such invocation is found to be eminently justified. The interests of justice may at times transcend the interests of mere law. The powers reserved under Sec.482 Cr.P.C. can be invoked by this Court to do justice beyond the law in an appropriate case. Powers under Sec.482 Cr.P.C,. are described to be awesome. 6. Considering all the relevant circumstances, including the precedent referred above, I am persuaded to agree that this is an eminently fit case where the extraordinary inherent jurisdiction under Sec.482 Cr.P.C. is enabled by the dictum in the case referred above can safely be imported and premature termination of the proceedings can be brought about. Crl.M.C. No. 3142 of 2008 -: 4 :- 7. In the result: (a) This Crl.M.C. is allowed. (b) C.C.No.230/08 pending before the Chief Judicial Magistrate, Kasaragod, against the petitioners herein under Sec.498A IPC is hereby quashed. (c) Needless to say, the proceedings under Sec.446 Cr.P.C., if any, pending shall be disposed of in accordance with law. 8. Hand over a copy of this order to the learned counsel for the petitioners. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge Crl.M.C. No. 3142 of 2008 -: 5 :-