IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 2ND SEPTEMBER 2008 / 11TH BHADRA 1930 Crl.MC.No. 3336 of 2008() ------------------------- CC.132/2001 of CHIEF JUDICIAL MAGISTRATE COURT, THRISSUR .................... PETITIONERS: ------------ 1. KARTHIK KS (43) WII/247, THEVAR MADAM ROAD, CHOWANNUR, KUNNAMKULAM, THRISSUR, KERALA - 680 503 NOW RESIDING AT: RA-209, PURVA RIVIERA, MUNNEKOLELA AIRPORT WHITEFIELD ROAD, BANGALORE - 560 037.. 2. SUKUMARAN.K.A. -- DO -- 3. NALINI SUKUMARAN -- DO -- 4. SAJINI ASHOKAN, KANDAMPULLY, CHIRACKAL, DESOM, KUNNMKULAM, THRISSUR. BY ADV. SRI.SUBAL J.PAUL RESPONDENTS: ------------- 1. RISHA P.R. (38) D/O.PAMBUNGAL RAGHAVAN NIRANJANA, PAMBUNGAL HOUSE, MUNDUR, THRISSUR KERALA NOW RESIDING AT: FLAT C402, ANJOR BEHIND GANRAJ MANGAL KARYALAY BANER, PUNE - 45. 2. STATE OF KERALA, REP. BY P.P, HIGH COURT OF KERALA, ERNAKULAM. BY ADV. SMT.C.S.SHEEJA FOR R1 PUBLIC PROSECUTOR SRI.GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 02/09/2008 THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- Crl.M.C.No.3336 of 2008 ---------------------------------------- Dated this the 2nd day of September 2008 O R D E R The petitioners face indictment in a prosecution for the offence punishable under Section 498A I.P.C. Cognizance has been taken by the learned Magistrate on the basis of a final report submitted by the police after due investigation. Calender case has been registered. At this stage, the petitioners and the de facto complainant have settled their disputes. All outstanding disputes which were pending before various courts have now been settled. The first respondent/de facto complainant has compounded the offence allegedly committed by the petitioners herein who are her husband, parents-in-law and sister-in-law respectively. 2. The petitioners and the first respondent have entered appearance through counsel. It is submitted by the learned counsel for the petitioners that the parties have settled their disputes. Divorce has already been agreed to be effected on the basis of a joint application under Section 13B of the Hindu Marriage Act. All the petitioners as well as the first respondent have signed the joint compromise petition. Crl.M.C.No.3336/08 2 3. 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 disputes have been settled and the first respondent has compounded the offence allegedly committed by the petitioners. If legally 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 jurisdiction under Section 482 Cr.P.C. I am satisfied that this is an eminently fit case where the powers under Section 482 Cr.P.C, as explained in the dictum in B.S.Joshi (Supra) can and ought to be invoked and proceedings initiated against the petitioners brought to premature termination. Crl.M.C.No.3336/08 3 4. In the result, a) This petition is allowed. b) C.C No.132/2001 pending before the learned Chief Judicial Magistrate, Thrissur 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 petitioners or their sureties shall be disposed of by the learned Magistrate, in accordance with law. (R.BASANT, JUDGE) jsr Crl.M.C.No.3336/08 4 Crl.M.C.No.3336/08 5 R.BASANT, J. CRL.M.C.No. of 2008 ORDER 09/07/2008