IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 23RD SEPTEMBER 2008 / 1ST ASWINA 1930 Crl.MC.No. 3561 of 2008() ------------------------- CR.NO. 270/02 OF KUTTIPPURAM POLICE STATION CC.251/2003 of JUDL.MAGISTRATE OF FIRST CLASS COURT, TIRUR .................... PETITIONER(S): --------------- K.IBRAHIM, S/O KUNJI MOHAMMED, KIZHAKETHIL HOUSE, EDAKAZHIYOOR P.O., CHAVAKKAD , THRISSUR. BY ADV. SRI.C.V.MANUVILSAN SMT.VIDYA MANUVILSAN RESPONDENTS(S): ---------------- 1. STATE OF KERALA, REPRESENTED BY THE SI OF POLICE PONNANI POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. REMLA AGED 32 YEARS, D/O MOOSA, THOZHUKATTU, VALAPPIL HOUSE, THRIKKANPURAM AMSOM, PORADA DESOM, TIRUR TALUK, MALAPPURAM. R1 BY PUBLIC PROSECUTOR SRI. S.U. NAZAR ADV. SRI.NAZEER AHEMMED FOR R2 SRI.SYAM J SAM FOR R2 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 3561 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 23rd day of September, 2008 O R D E R The petitioner faces indictment in a prosecution under Section 498A I.P.C. He is the sole accused. Cognizance has been taken on the basis of the final report submitted by the police after due investigation. The case is pending before the learned Magistrate. 2. During the pendency of the proceedings the second respondent/defacto complainant has settled her disputes with the petitioner and has compounded the offences allegedly committed by him. The second respondent has entered appearance through counsel. The counsel confirms that the matter has been settled. An affidavit has been filed by the second respondent duly attested by the counsel to confirm the fact that the disputes have been settled between the parties and the offence has been compounded by the second respondent. I am satisfied that there has been a voluntary and genuine settlement of the disputes Crl.M.C.No. 3561 of 2008 2 between the spouses and that the second respondent has compounded the offences allegedly committed by the petitioner. 2. I am satisfied that the parties have settled their disputes willingly and voluntarily. If legally permissible, the settlement can be recognized and further proceedings can be quashed. 3. The offence under Section 498A I.P.C. is not compoundable. The counsel in these circumstances rely on the dictum in B.S. Joshy 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 482 Cr.P.C. to act in aid of justice. 4. In the totality of circumstances, I am satisfied that this is an eminently fit case where the powers under Section 482 Cr.P.C. as enabled by the dictum in B.S. Joshy (supra) can be invoked to bring to premature termination of the proceedings initiated against the petitioner. Crl.M.C.No. 3561 of 2008 3 5. In the result: a) This Crl.M.C. is accordingly allowed. b) Crime No. 251 of 2003, pending before the J.F.M.C., Tirur against the petitioner is hereby quashed. c) Proceedings under Section 446 Cr.P.C., if any, pending against the petitioner and his sureties shall be disposed of by the learned Magistrate in accordance with law. (R. BASANT) Judge tm