IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 12TH AUGUST 2008 / 21ST SRAVANA 1930 Crl.MC.No. 2803 of 2008() ------------------------- CRIME NO.495/2008 OF PALARIVATTOM POLICE STATION PETITIONER: ACCUSED ------------------- SHINE JOY, S/O.K.N.JOY, AGED 30 YEARS, KANJUTHARA HOUSE, PERUMPADANNA, NORTH PARAVUR, ERNAKULAM. BY ADV. SRI.PHILIP T.VARGHESE SRI.M.F.MOHAMMOD SIYAD RESPONDENTS: STATE AND COMPLAINANT ---------------------------------- 1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING THE S.I OF POLICE, PALARIVATTOM. 2. SHEELA SHINE, W/O.SHINE, KANJUTHARA HOUSE, PERUMPADANNA, NORTH PARAVUR, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.AMJAD ALI SRI.V.K.SHAMUSUDHEEN FOR R2 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 12/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ Crl.M.C. No.2803 of 2008 ------------------------------------- Dated this the 12th day of August, 2008 ORDER Petitioner is the accused/husband in a prosecution under Section 498 A I.P.C. Crime has been registered on the basis of a complaint filed by the 2nd respondent, the wife of the petitioner. Investigation is not complete. The same is in progress. But in the course of investigation, the young couple have settled their disputes and they have now resumed harmonious cohabitation, it is reported. In these circumstances, the petitioner and the 2nd respondent have come before this Court and it is reported on their behalf that the disputes between them have been settled amicably. They are living together now. The 2nd respondent has filed an affidavit to confirm these facts. It is reported categorically that the 2nd respondent has compounded the offence under Section 498 A I.P.C allegedly committed by the petitioner herein. 2. I am satisfied, from the averments made in the Crl.M.C, from the assertions made in the sworn affidavit of the 2nd respondent and from the submissions made by the counsel at the Bar, that the parties have willingly and voluntarily settled their disputes. If legally possible and permissible, I am satisfied that Crl.M.C. No.2803 of 2008 2 the composition can be accepted and the proceedings can be brought to premature termination. 3. The offence under Section 498 A I.P.C is not legally compoundable under Section 320 Cr.P.C. The counsel, in these circumstances, rightly relies on the dictum in B.S.Joshy v. State of Haryana [A.I.R (2003) SC 1386]. That decision is authority for the proposition that powers under Section 482 Cr.P.C are not necessarily fettered by the provisions of Section 320 Cr.P.C. In a case where the interests of justice so demands, notwithstanding the fact that the offence is not compoundable, powers under Section 482 Cr.P.C can be invoked to bring to premature termination such irrelevant and nonproductive prosecution. I am satisfied, in the facts and circumstances, that this is an eminently fit case where such extraordinary inherent jurisdiction can and ought to be invoked. 4. In the result: i) This Crl.M.C is allowed; ii) Crime No.495 of 2008 of Palarivattom Police Station registered at the instance of the 2nd respondent against the petitioner herein is hereby quashed. (R.BASANT, JUDGE) rtr/- Crl.M.C. No.2803 of 2008 3