IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 15TH SEPTEMBER 2008 / 24TH BHADRA 1930 Crl.MC.No. 3475 of 2008() ------------------------- CC.217/2006 of JUDL. MAGISTRATE OF FIRST CLASS-V, KOZHIKODE .................... PETITIONER: ------------ 1. P.ABDUL KAREEM, C/O SAIDALAVI B, CHEMMANATTIL HOUSE, KALLAMPARA, PERUMUGAM P.O.,KOZHIKODE DISTRICT. 2. BADERY SAIDALAVI, S/O B.MUHAMMED CHEMMANATTIL HOUSE, KALLAMPARA, PERUMUGAM P.O., KOZHIKODE DIST. 3. B.AYISHAKUTTY,C/O SAIDALAVI, CHEMMANATTIL HOUSE, KALLAMPARA PERUMUGAM P.O.,KOZHIKODE DISTRICT. BY ADV. SRI.P.SANJAY SRI.M.MUHAMMED SHAFI RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. JASSERA, D/O MOIDEEN KOYA, AGED 30 YEARS, KAWTHODIYATH HOUSE, MALIKATHAZHAM PARAMBU, IDIYANGARA, KOZHIKODE (CHEMANGAD POLICE STATION LIMIT). BY P.P. SRI.S.U. NAZAR. BY ADV. SRI.J.ABHILASH THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 15/9/08, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- Crl.M.C. No. 3475 of 2008 ------------------------------------------------- Dated this the 15th day of September, 2008 ORDER The petitioners face indictment in a prosecution for offences punishable, inter alia, under Sec.498A IPC. The 1st petitioner is the husband of the 2nd respondent/complainant. Petitioners 2 and 3 are the uncle and mother respectively of the 1st petitioner. Cognizance has been taken on the basis of a final report submitted by the police after due investigation. The crime, in turn, was registered on the basis of a private complaint filed by the 2nd respondent before the learned Magistrate and referred to the police by the learned Magistrate under Sec.156(3) Cr.P.C. Cognizance has been taken. The case is now pending before the learned Magistrate. At this stage, the petitioners and the 2nd respondent have settled their disputes. The marital tie has Crl.M.C. No. 3475 of 2008 -: 2 :- been brought to termination and the spouses have settled all their outstanding disputes. In these circumstances, it is prayed that the composition of the offences allegedly committed by the petitioners by the 2nd respondent may be accepted and the proceedings against the petitioners pending before the learned Magistrate may be quashed invoking the jurisdiction under Sec.482 Cr.P.C. 2. The 2nd respondent has entered appearance through counsel. The petitioners and the 2nd respondent have filed a joint application to report settlement and composition. The petition has been duly signed by the parties and countersigned by their respective counsel. I am satisfied, in the facts and circumstances of this case, that there has been a genuine and voluntary settlement of the disputes between the petitioners and the 2nd respondent and that the 2nd 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 Crl.M.C. No. 3475 of 2008 -: 3 :- termination. 3. 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. 4. 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 Crl.M.C. No. 3475 of 2008 -: 4 :- termination of the proceedings can be brought about. 5. In the result: (a) This Crl.M.C. is allowed. (b) C.C.No.217/06 pending before the Judicial First Class Magistrate-V, Kozhikode, against the petitioners herein under Sec.498A IPC is hereby quashed. 6. Hand over a copy of this order to the learned counsel for the petitioners. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge Crl.M.C. No. 3475 of 2008 -: 5 :-