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. 3756 of 2008() ----------------------------------- CC.28/2006 of JUDL.MAGISTRATE OF FIRST CLASS, PERAMBRA .................... PETITIONER/ ACCUSED ------------------- MUHAMMED , S/O. POKKER HAJI, PATTATHIL HOUSE, KAKKAM VELLY, NADAPURAM, VADAKARA TALUK. BY ADV. SRI.ZUBAIR PULIKKOOL RESPONDENTS/ COMPLAINANTS/STATE ---------------------- 1. RUKHIA, D/O. KALANTHAN HAJI, AGED 44 YEARS, PALERI KOYLANDY TALUK. 2. PERAMBRA POLICE, REP.BY STATE OF KERALA THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR SRI. P.A.SALIM 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.3756 of 2008 ---------------------------------------- Dated this the 7th day of October 2008 O R D E R The petitioner is the sole surviving accused in a prosecution under Section 498A I.P.C. Two of them have already been tried, found not guilty and acquitted. The charge against the third accused has abated. The petitioner is the husband of the de facto complainant who is the first respondent herein. Cognizance was taken on the basis of a final report submitted by the police after due investigation in a crime. That crime in turn was registered on the basis of a private complaint filed before the learned Magistrate and referred to the police under Section 156(3) Cr.P.C. 2. The petitioner and the first respondent have now come before this court to report to the court that all outstanding disputes between them have been settled and the first respondent has compounded the offence allegedly committed by the petitioner. In these circumstances, it is prayed that powers under Section 482 Cr.P.C may be invoked to quash the proceedings against the petitioner. The first respondent/ de Crl.M.C.No.3756/08 2 facto complainant has appeared before this court. An affidavit has been filed by the first respondent to confirm settlement/composition. The learned counsel for the petitioner confirms the settlement. 3. Notice given to the learned Public Prosecutor. The learned Public Prosecutor does not make any objection. 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 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, Crl.M.C.No.3756/08 3 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 petitioner by the first respondent can be brought to premature termination. 4. In the result, a) This petition is allowed. b) C.C No.28/08 pending before the learned J.F.C.M, Perambra against the petitioner herein in which the first respondent is the de facto complainant 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.3756/08 4 Crl.M.C.No.3756/08 5 R.BASANT, J. CRL.M.C.No. of 2008 ORDER 09/07/2008