IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 15TH JULY 2008 / 24TH ASHADHA 1930 Crl.MC.No. 2650 of 2008() ------------------------- CC.170/2005 of JUDL.MAGISTRATE OF FIRST CLASS, N.PARAVUR .................... PETITIONERS/A1 TO 3: -------------------------------- 1. BIJU, AGED 31, S/O. VASU MAROTTIKKAL VEEDU, KEDAMANGALAM N.PARAVUR. 2. MANI AGED 52, W/O. VASU DO. DO. 3. BINDHU, AGED 33 D/O. VASU DO. DO. BY ADV. SRI.SAKIR.K.H. RESPONDENTS/COMPLAINANT: ---------------------------------------- 1. DHANYA, 28, D/O. KUNJUMON THOPPIL HOUSE, EROOR, TRIPUNITHURA. 2. STATE OF KERALA, REP. BY S.I. OF POLICE, NORTH PARAVUR POLICE STATION (CRIME nO.123/05), REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 15/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 2650 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 15th day of July, 2008 O R D E R The petitioners face indictment in a prosecution for the offence punishable under Section 498A I.P.C. They are the husband, mother-in-law and sister-in-law respectively of the defacto complainant. Cognizance was taken on the basis of the final report submitted by the police after investigation. That crime was registered on the basis of the complaint of the first respondent herein. The calender case has been registered in the year 2005. 2. The petitioners, along with the first 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. The first respondent has entered appearance through counsel and filed an affidavit duly attested by her counsel. Counsel for the first respondent vouches for the fact Crl.M.C.No. 2650 of 2008 2 that the first respondent has filed the affidavit and she has settled the disputes with the petitioners. 2. I am satisfied from the totality of circumstances that there has been a genuine and voluntary settlement of the disputes and that the first respondent has compounded the offences allegedly committed by the petitioners. The parties have agreed to dissolve the marriage by mutual consent and necessary steps in that direction has already been taken, submits both counsel. If legally permissible, I am satisfied that the composition can be accepted and the proceedings can be brought to premature termination. 3. 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 circumstances the provisions of Section 320 Cr.P.C. cannot be reckoned as a fetter on the sweeping powers of the Court under Section Crl.M.C.No. 2650 of 2008 3 482 Cr.P.C. to act in aid of justice. 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. 4. This Crl.M.C. is hence allowed. C.C. No. 170 of 2005, pending before the Judicial First Class Magistrate, N. Parur against the petitioners is hereby quashed. (R. BASANT) Judge tm