IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 14TH AUGUST 2008 / 23RD SRAVANA 1930 Crl.MC.No. 3090 of 2008() ------------------------- CC.350/2008 of JUDL.MAGISTRATE OF FIRST CLASS, PARAVUR .................... PETITIONERS/A1 TO A5: ---------------------------------- 1. SAMJATH, S/O. PADMAJAN, AGED 31 YEARS ARUKKAT HOUSE, CHERAI KARA, PALLIPURAM VILLAGE. 2. PADMAJAN, S/O. KARTHIKEYAN, AGED 64 YEARS DO. DO. 3. AMMINI, W/O. PADMAJAN, AGED 58 YEARS, DO. DO. 4. RESHMI, W/O. RAJESH, AGED 31 YEARS, KOLPURATH HOUSE, AYYAMPILLY KARA KUZHUPILLY VILLAGE. 5. MOHANAN, S/O. KARTHIKEYAN, AGED 52 YEARS ARUKKAT HOUSE, CHERAI KARA, PALLIPURAM VILLAGE. BY ADV. SRI.NAVEEN THOMAS RESPONDENTS/STATE & DEFACTO COMPLAINANT: ------------------------------------------------------------------------- 1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR HIGH COURT OF KERALA. 2. THUSHARA, D/O. GOPI, AGED 28 YEARS ATTEPARAMBIL HOUSE, THURUTHIL CHERIYA PAZHAMPILLY, CHENDAMANGALAM VILLAGE. R1 BY PUBLIC PROSECUTOR SRI. GIKKU JACOB BY ADV. SRI.RENJITH THOMAS FOR R2 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 14/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 3090 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 14th day of August, 2008 O R D E R The petitioners face indictment in a prosecution for the offence punishable under Section 498A r/w. 34 I.P.C. The first petitioner is the husband of the defacto complainant/R2 and the other petitioners are the relatives of the first petitioner. Cognizance was taken on the basis of the final report submitted by the police after investigation. That case is pending before the JFMC, N. Parur. During the pendency of the proceedings the parties have settled their disputes. 2. The petitioners, along with the second respondent, have come before this Court to apprise this court of the fact that the parties have settled their disputes amicably during the pendency of the prosecution. They pray that the powers under Section 482 Cr.P.C. as enabled by the dictum in B.S. Joshi v. State of Haryana (AIR 2003 SC 1386) may be invoked to prematurely terminate the unnecessary prosecution against the petitioners. Crl.M.C.No. 3090 of 2008 2 3. The second respondent has entered appearance through counsel. Annex.A2 joint statement has been filed by the rival contestants. Counsel for the second respondent vouches for the fact that the second respondent has signed Annex.A2 and that she has settled the disputes and compounded the offences allegedly committed by the petitioners. 4. I am satisfied from the totality of circumstances that there has been a genuine and voluntary settlement of the disputes and that the second respondent has compounded the offences allegedly committed by the petitioners. If legally permissible, I am satisfied that the composition can be accepted and the proceedings can be brought to premature termination. 5. The offence under Section 498A I.P.C. is not legally compoundable and the composition cannot be accepted under Section 320 Cr.P.C. But the learned counsel for the petitioners relies on the decision in B.S. Joshi v. State of Haryana (AIR 2003 SC 1386). The said decision is authority for the proposition that at times the interests of justice may transcend the interests of mere law and in such Crl.M.C.No. 3090 of 2008 3 circumstances the provisions of Section 320 Cr.P.C. cannot be reckoned as a fetter on the sweeping powers of the Court under Section 482 Cr.P.C. to act in aid of justice. 6. I am satisfied that this is an eminently fit case where the powers under Section 482 Cr.P.C. with the help of the dictum in B.S. Joshi can be invoked and the proceedings against the petitioners brought to premature termination. 7. In the result: a) This Crl.M.C. is hence allowed. b) C.C. No. 350 of 2008, pending before the Judicial First Class Magistrate, N. Parur against the petitioners is hereby quashed. c) Proceedings under Section 446 Cr.P.C., if any, pending will be disposed of in accordance with law. (R. BASANT) Judge tm