IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 4TH SEPTEMBER 2008 / 13TH BHADRA 1930 Crl.MC.No. 3369 of 2008() ------------------------------------- (CRIME NO.76 OF 2005 OF NALLALAM POLICE STATION, CALICUT) PETITIONERS:ACCUSED:DEFACTO COMPLAINANT: ----------------------------------------------------------------------------- 1. K.V. ABDUL MUNEER, AGED 30 YEARS, S/O.AHAMAD, KIZHAKUVEETIL (H), PANNIKOTTOOR AMSOM, KUNDAL DESOM, KOZHIKODE DISTRICT. 2. P.P.ZAIFUNNISA, AGED 27 YEARS, D/O.EBRAHIMKOYA, PUTHIYAPURAYIL, VERUMANDA AMSOM, PUTHOOR DESOM, PANTHERAKAVU P.O., KOZHIKODE DISTRICT. BY ADV. SRI.K.M.FIROZ RESPONDENT:STATE: ---------------------------------- THE STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, NALLALAM POLICE STATION, CALICUT CITY, CALICUT, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. AMJAD ALI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 04/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 3369 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 4th day of September, 2008 O R D E R In this joint petition filed under section 482 Cr.P.C. the petitioners, who are the accused and the defacto complainant in a prosecution for the offence punishable, inter alia, under Section 498A I.P.C. pray that the proceedings against the first petitioner/accused may now be quashed, the parties having settled their disputes amicably. A decree for divorce has been passed. The spouses are residing separately after the divorce. There is absolutely no dispute pending between them. The defacto complainant has compounded the offences allegedly committed by the first petitioner. It is prayed that powers under Section 482 Cr.P.C. as enabled by the dictum in B.S. Joshi v. State of Haryana (AIR 2003 SC 1386) may be invoked and the proceedings may be brought to premature termination. 2. From the submissions made at the Bar, from the separate affidavits filed by the contestants and the submission of Crl.M.C.No. 3369 of 2008 2 the counsel for the petitioners that he vouches for the identity of the petitioners, I am satisfied that if legally possible and permissible, 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 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. In the result: a) This Crl.M.C. is hence allowed. Crl.M.C.No. 3369 of 2008 3 b) C.C. No. 200 of 2005, pending before the Judicial First Class Magistrate-V, Kozhikode is hereby quashed. c) Needless to say, proceedings under Section 446 Cr.P.C., if any, pending against the petitioner and the sureties shall be disposed of in accordance with law. (R. BASANT) Judge tm