IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 29TH SEPTEMBER 2008 / 7TH ASWINA 1930 Crl.MC.No. 3669 of 2008() ------------------------- CC.449/2008 of JUDL.MAGISTRATE OF FIRST CLASS-I, CHERTHALA CRIME NO.506/07 OF AROOR POLICE STATION .................... PETITIONER(S): ACCUSED --------------- MURALEEDHARAN, AGED 41 YEARS, S/O.VISWANATHA PILLAI, “GOKULAM”, MANAPPURAM.P.O, THAIKKATTUSSERY VILLAGE, CHERTHALA TALUK, ALAPPUZHA DISTRICT. BY ADV. SRI.BIJU PONTAYIL RESPONDENT(S): COMPLAINANT & STATE --------------- 1. MAYA, AGED 32 YEARS, D/O.LAKSHMANA PILLAI, KAKKAPARAMBU VILIYIL HOUSE, AROOR VILLAGE, CHERTHALA TALUK, ALAPPUZHA DISTRICT. 2. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR , HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.S.U.NAZAR ADV. SRI.DIJI K.DASAN FOR R1 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 29/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- Crl.M.C.No.3669 of 2008 ---------------------------------------- Dated this the 29th day of September 2008 O R D E R The petitioner faces indictment in a prosecution for the offence punishable under Section 498A I.P.C. Cognizance has been taken on the basis of a final report. The first respondent herein is the de facto complainant. Calender case has been registered. The matter is pending before the learned Magistrate. 2. At this stage, the petitioner/accused and the first respondent/ de facto complainant have come before this court to report to this court that the disputes have been settled and the first respondent has compounded the offence allegedly committed by the petitioner. The first respondent has appeared through counsel. An affidavit has been filed by the first respondent duly attested by her counsel to confirm that the disputes have been settled and she has compounded the offence allegedly committed by the petitioner. The spouses have agreed to dissolve their marriage by mutual consent. They have moved the Family Court for such relief. They pray that, in these circumstances, powers under Section 482 Cr.P.C may be invoked Crl.M.C.No.3669/08 2 to bring to premature termination the prosecution against the petitioner. 3. Notice was given to the learned Public Prosecutor. The learned Public Prosecutor does not oppose the application. 4. I am satisfied from the submissions made at the Bar and the joint statement filed by the rival contestants duly countersigned by their respective counsel that the dispute has been settled and the first 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 premature termination of the proceedings can be brought about. But the offence under Section 498A I.P.C is not legally compoundable under Section 320 Cr.P.C. The learned counsel for the contestants, in these circumstances, rightly rely on the decision of the Supreme Court in B.S.Joshi vs. State of Haryana [AIR 2003 SC 1386]. That decision is authority for the proposition that the interests of justice may, at times, transcend the interests of mere law and in such circumstances, the stipulations of Section 320 Cr.P.C cannot be held to fetter the sweep, width and amplitude of the extraordinary inherent Crl.M.C.No.3669/08 3 jurisdiction under Section 482 Cr.P.C. I am 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 (Supra) can and ought to be invoked and proceedings initiated against the petitioner brought to premature termination. 5. In the result, a) This petition is allowed. b) C.C No.449/08 pending before the learned J.F.C.M, Cherthala and all further proceedings taken in pursuance of the same is hereby quashed. c) Needless to say, the proceedings under Section 446 Cr.P.C, if any, pending against the petitioner and his sureties shall be disposed of by the learned Magistrate, in accordance with law. (R.BASANT, JUDGE) jsr Crl.M.C.No.3669/08 4 Crl.M.C.No.3669/08 5 R.BASANT, J. CRL.M.C.No. of 2008 ORDER 09/07/2008