IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 21ST OCTOBER 2008 / 29TH ASWINA 1930 Crl.MC.No. 3847 of 2008() ------------------------- CC.163/2006 of CHIEF JUDICIAL MAGISTRATE COURT, MANJERI CRIME NO.271/06 OF THE AREACODE POLICE STATION. .................... PETITIONER(S): ACCUSED ---------------------- UNURAMPARAMBIL ASSAINAR, S/O. KHADER HAJI, PANNOOR, KIZHAKOTH.P.O, KODUVALLY, KOZHIKODE. BY ADV. SMT.T.V.NEEMA RESPONDENT(S): COMPLAIANANT AND STATE ------------------------------------- 1. AYYANKAYAN MYMOONATH, D/O. MUHAMMED, INGALLIRI, MALAPPURAM. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, (REPRESENTING THE S.I OF POLICE, AREACODE POLICE STATION) PUBLIC PROSECUTOR SRI. S.U. NAZAR SMT.M.R.JAYALATHA FOR R1 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 21/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- Crl.M.C. No.3847 of 2008 ------------------------------------------------- Dated this the 21st day of October, 2008 ORDER The petitioner faces indictment in a prosecution for offences punishable under Secs.498A and 323 IPC. Final report has already been filed and cognizance has been taken by the learned Magistrate. The matter is pending before the learned Chief Judicial Magistrate, Manjeri, as C.C.No.163/06. The petitioner is the husband of the de facto complainant who stands arrayed as the 1st respondent in this Crl.M.C. 2. At this juncture, the petitioner, along with the 1st respondent, has come before this Court to apprise this Court of the fact that the disputes between the petitioner and the 1st respondent have already been settled amicably. Divorce has been effected. All outstanding disputes have been settled and the 1st respondent has compounded the offences allegedly Crl.M.C. No.3847 of 2008 -: 2 :- committed by the petitioner herein. In these circumstances, it is prayed that the powers under Sec.482 Cr.P.C. may be invoked as enabled by the dictum in B.S. Joshy v. State of Haryana (AIR 2003 SC 1386) and the prosecution pending against the petitioner may be brought to premature termination. 3. The 1st respondent has entered appearance through counsel. The learned counsel confirms the settlement of the disputes between the parties. An affidavit filed by the 1st respondent is produced before this Court to confirm such settlement/composition. A copy of the agreement entered into between the parties is also produced as Annexure-B. 4. I am satisfied that the parties have settled their disputes and the 1st respondent has compounded the offences allegedly committed against her by the petitioner. 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 Crl.M.C. No.3847 of 2008 -: 3 :- 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. as enabled by the dictum in the case referred above can safely be imported and premature termination of the proceedings can be brought about. 7. In the result: (a) This Crl.M.C. is allowed. (b) C.C.No.163/06 pending before the learned Chief Judicial Magistrate, Manjeri, in which the petitioner is the accused and the 1st respondent is the de facto complainant is hereby quashed. (c) Needless to say, the proceedings, if any, pending against the petitioner and the sureties under Sec.446 Cr.P.C. shall be disposed of in accordance with law. Sd/- Nan/ (R. BASANT, JUDGE) //true copy// P.S. to Judge Crl.M.C. No.3847 of 2008 -: 4 :-