IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 14TH OCTOBER 2008 / 22ND ASWINA 1930 Crl.MC.No. 3509 of 2008() ------------------------- CC.972/2008 of JUDL. MAGISTRATE OF FIRST CLASS COURT-I, THRISSUR .................... PETITIONER(S): ACCUSED ---------------------- 1. RADHAKRISHNAN, AGED 35 YEARS, S/O.BALAKRISHNAN, KAYYAKLAVALAPPIL HOUSE, KUTTANELLUR P.O., THRISSUR, REPRESENTED BY HIS POWER OF ATTORNEY HOLDER, HIS FATHER, K.V.BALAKRISHNAN 2. BALAKRISHNAN, AGED 67 YEARS, S/O.VELAYUDHAN, KAYYAKLAVALAPPIL HOUSE, KUTTANELLUR P.O., THRISSUR. 3. INDIRA, W/O.BALAKRISHNAN, KAYYAKLAVALAPPIL HOUSE, KUTTANELLUR P.O., THRISSUR. 4. BINDU, D/O.BALAKRISHNAN, KAYYAKLAVALAPPIL HOUSE, KUTTANELLUR P.O., THRISSUR. BY ADV. SRI.MADHU RADHAKRISHNAN RESPONDENT(S): COMPLAINANT -------------------------- 1. CHANDANI, AGED 27, D/O.GEEVANATHAN, THEVARKULAM HOUSE, P.O.THAIKKATTUSSERY, VALLACHIRA, THRISSUR. 2. STATE OF KERALA, REPRESENTED BY SUB INSPECTOR OF POLICE, CHERPU, THRISSUR BY PUBLIC PROSECUTOR. PUBLIC PROSECUTOR SRI. S.U. NAZAR. SRI.P.K.ANIL FOR R1 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 14/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- Crl.M.C. No. 3509 of 2008 ------------------------------------------------- Dated this the 14th day of October, 2008 ORDER The petitioners face indictment in a prosecution for offences punishable, inter alia, under Sec.498A IPC. Cognizance has been taken on the basis of a final report submitted by the police after due investigation in a crime. The crime, in turn, was registered on the basis of a private complaint filed by the 1st respondent before the learned Magistrate and referred by the learned Magistrate to the police under Sec.156(3) Cr.P.C. The 1st petitioner is the husband of the 1st respondent and petitioners 2, 3 and 4 are the father-in-law, mother-in-law and sister-in-law respectively of the 1st respondent. Cognizance has been taken. The matter is pending before the learned Magistrate. 2. At this stage, the parties have come before this Court Crl.M.C. No. 3509 of 2008 -: 2 :- to apprise this Court of the fact that they have settled their disputes and that the 1st respondent has compounded the offences allegedly committed by the petitioners. A joint application has been filed by both the petitioners and the 1st respondent duly countersigned by their counsel to confirm such settlement/composition. The 1st respondent has appeared through counsel and the learned counsel confirms the fact of settlement/composition. 3. I am satisfied from the totality of the circumstances placed before Court that the parties have settled their disputes and that the 1st respondent has compounded the offences allegedly committed by the petitioners. If legally permissible and possible, I am satisfied that the composition can be accepted and the proceedings can be brought to premature termination. 4. The offence under Sec.498A of the IPC is not compoundable under Sec.320 Cr.P.C. 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 Crl.M.C. No. 3509 of 2008 -: 3 :- 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. 5. 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. as enabled by the dictum in the case referred above can safely be imported and premature termination of the proceedings can be brought about. 5. In the result: (a) This Crl.M.C. is allowed. (b) C.C.No.972/08 pending before the learned Judicial First Class Magistrate-I, Thrissur, against the petitioners in which the 1st respondent is the de facto complainant is hereby quashed. (c) Needless to say, the proceedings, if any, pending against the petitioners and the sureties under Sec.446 Cr.P.C. shall be disposed of in accordance with law. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge Crl.M.C. No. 3509 of 2008 -: 4 :-