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. 3098 of 2008() ------------------------- CC.515/2007 of ADDL.CHIEF JUDICIAL MAGISTRATE, ERNAKULAM .................... PETITIONER: ACCUSED NO.1 ------------------------ JAYAN K.THAMPI, S/O.K.K.THAMPI, JALIN VILLA, ELANJERI ROAD, KADAVANTHRA, ERNAKULAM (DT). BY ADV. SMT.K.V.BHADRA KUMARI RESPONDENTS: COMPLAINANT & DEFACTO COMPLAINANT ---------------------------------------------- 1. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. 2. DEVI.N.P., D/O.PADMANABHAN, NOVELTY, MATTOOR (P.O), KALADY, ANGAMALY, ERNAKULAM (DT). BY PUBLIC PROSECUTOR SRI.GIKKU JACOB ADV. SRI.SHAIJAN C.GEORGE FOR R2 SRI.JOHN VIPIN FOR R2 SMT.SAJITHA GEORGE FOR R2 SMT.S.A.SHERLY FOR R2 SMT.S.REKHA KUMARI FOR R2 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.3098 of 2008 ------------------------------------- Dated this the 19th day of August, 2008 ORDER Petitioner faces indictment in a prosecution for offences punishable, inter alia, under Section 498 A r/w 34 I.P.C. Investigation is complete. Cognizance has been taken on the basis of a final report submitted by the police after due investigation. The 2nd respondent herein is the defacto complainant. She is the wife of the petitioner herein. Altogether there were 2 accused persons. The other accused has already expired and the charge against her has abated. Cognizance has been taken. The matter is pending before the learned Additional Chief Judicial Magistrate, Ernakulam. 2. During the pendency of the said proceedings, the petitioner and the 2nd respondent, the spouses, have settled their disputes. All outstanding disputes have been settled and the 2nd respondent has compounded the offences allegedly committed by the petitioner against her. They have both come before this Court through their counsel to pray that the unnecessary and Crl.M.C. No.3098 of 2008 2 irrelevant continuance of the said prosecution may be terminated invoking the extraordinary inherent jurisdiction under Section 482 Cr.P.C. A joint statement of composition has been filed by the rival contestants duly counter signed by their respective counsel. 3. I am satisfied from the documents produced and the submissions made at the Bar that the spouses have settled their disputes willingly and voluntarily. The marital tie has been terminated and the spouses are residing separately now. If legally permissible and possible, I am satisfied that the composition can be accepted and premature termination of the proceedings can be brought about. 4. But the offence under Section 498 A I.P.C is not legally compoundable under Section 320 Cr.P.C. The counsel, in these circumstances, rely on the decision in B.S.Joshy v. State of Haryana [A.I.R (2003) SC 1386]. That decision is authority for the proposition that the powers under Section 482 Cr.P.C are wide and sweeping and can be pressed into service when the interests of justice so demand. The interests of justice, it is held, may at times transcend the interests of mere law and in such Crl.M.C. No.3098 of 2008 3 circumstances, the provisions of Section 320 Cr.P.C cannot be reckoned as a fetter on the powers of the Court under Section 482 Cr.P.C. 5. I am satisfied that this is an eminently fit case where the said dictum can be invoked and the proceedings brought to premature termination. 6. In the result: i) This Crl.M.C is, allowed; ii) C.C.No.515 of 2007, against the petitioner pending before the Additional Chief Judicial Magistrate, Ernakulam is hereby quashed. 7. Needless to say, the proceedings, if any, initiated and pending under Section 446 Cr.P.C must be disposed of in accordance with law. (R.BASANT, JUDGE) rtr/-