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. 3143 of 2008() ------------------------- CC.1728/2007 of JUDL. MAGISTRATE OF FIRST CLASS COURT, IRINJALAKUDA .................... PETITIONER: DEFACTO COMPLAINANT: -------------------------------- K.D.DIANA, AGED 24 YEARS, D/O.K.K.DAVIS, KARUTHUKULANGARA HOUSE, EDAMUTTAM P.O., THRISSUR. BY ADV. SRI.P.K.ANIL RESPONDENTS: ACCUSED/STATE: --------------------------- 1. JOSEPH MENACHERY JOSE @ BARSO JOSE, AGED 31, S/O.M.T.JOSE, MENACHERY HOUSE, KANNABATHOOR, CHENGALLUR P.O., THRISSUR. 2. MRS.PEEKKAMMA, AGED 52 YEARS, W/O.LATE M.T.JOSE, RESIDING -DO-. 3. MRS.BERSY AJI, AGED 30 YEARS, D/O.LATE M.T.JOSE, RESIDING -DO-. 4. AJI KOLLANNUR, AGED 36 YEARS, S/O.K.A.PAULOSE, KOLLANNUR HOUSE, KIZHAKKUMPATTUKARA, TRICHUR. 5. SUB INSPECTOR OF POLICE, PUDUKKAD POLICE STATION. 6. STATE REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY P.P. SRI. AMJAD ALI. BY ADV. ADV.CIBI THOMAS FOR R1TOR4 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. 3143 of 2008 ------------------------------------------------- Dated this the 19th day of August, 2008 ORDER The petitioner is the de facto complainant in a case registered alleging commission of offences punishable, inter alia, under Sec.498A IPC against respondents 1 to 4. Cognizance has been taken on the basis of a final report submitted by the police after due investigation of a crime. The crime, in turn, was registered on the basis of a complaint filed by the petitioner herein which was referred by the learned Magistrate to the police under Sec.156(3) Cr.P.C. The case is now pending before the learned Judicial Magistrate of the First Class-I, Irinjalakuda. 2. During the pendency of the proceedings, the disputes between the petitioner and respondents 1 to 4 have been settled. The petitioner has compounded the offences allegedly Crl.M.C. No. 3143 of 2008 -: 2 :- committed by respondents 1 to 4. In these circumstances, both contestants pray that the settlement and composition may be accepted and the prosecution against respondents 1 to 4 may be brought to premature termination. 3. A joint statement has been filed by the petitioner and respondents 1 to 4 to confirm that the disputes have been settled and the alleged offences have been compounded by the petitioner herein. The joint petition is duly countersigned by the learned counsel for the rival contestants. The learned counsel for the petitioner asserts that the petitioner has settled the disputes and compounded the offences allegedly committed by respondents 1 to 4. 4. Notice given. The learned Public Prosecutor does not oppose the application. 5. I am satisfied, in the facts and circumstances of this case, that the parties have settled their disputes amicably. The marital tie has been brought to termination by initiation of appropriate proceedings, it is submitted. I am satisfied that the parties having willingly and voluntarily settled their disputes genuinely, the composition can be accepted. If legally permissible and possible, I am satisfied that the composition can Crl.M.C. No. 3143 of 2008 -: 3 :- be accepted and the proceedings can be brought to premature termination. 6. The offence under Sec.498A of the IPC is not compoundable. But the learned counsel for the parties, in these circumstances, rightly rely on the decision of the Supreme Court in B.S. Joshy v. State of Haryana (AIR 2003 SC 1386). I am satisfied that, relying on the decision, powers under Sec.482 of the Cr.P.C. can be invoked in the facts and circumstances of the instant case where such invocation is found to be eminently justified. The interests of justice may at times transcend the interests of mere law. The powers reserved under Sec.482 Cr.P.C. can be invoked by this Court to do justice beyond the law in an appropriate case. Powers under Sec.482 Cr.P.C,. are described to be awesome. 7. Considering all the relevant circumstances, including the precedent referred above, I am persuaded to agree that this is an eminently fit case where the extraordinary inherent jurisdiction under Sec.482 Cr.P.C. is enabled by the dictum in the case referred above can safely be imported and premature termination of the proceedings can be brought about. Crl.M.C. No. 3143 of 2008 -: 4 :- 5. In the result: (a) This Crl.M.C. is allowed. (b) C.C.No.1728/07 pending before the Judicial First Class Magistrate-I, Irinjalakuda, against respondents 1 to 4 is hereby quashed. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge