IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 22ND FEBRUARY 2007 / 3RD PHALGUNA 1928 Crl.MC.No. 464 of 2007() ------------------------ PETITIONER/ACCUSED: ------------------------- JOBY GEORGE, S/o. M.C.GEORGE, AGED 29 YEARS, MANJANATTU HOUSE, MEENADAM, KOTTAYAM. BY ADV. SRI.S.MOHAMMED AL RAFI SRI.K.J.NASRUL ASLAM RESPONDENTS: ----------------- 1. NIJU ELIZABETH EBRAHAM, W/o.JOBBY GEORGE, AGED 24 YEARS, MANJANATTU HOUSE, P.O.MEENADAM, KOTTAYAM 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI GIKKU JACOB R1 ADV. SRI.AJITH KRISHNAN SRI.AJITH KRISHNAN THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 22/02/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ Crl.M.C.No.464 of 2007 ------------------------------------- Dated this the 22nd day of February, 2007 ORDER The petitioner is the husband of the 1st respondent. On a complaint filed by the 1st respondent, the police registered a crime and conducted investigation. Final report was filed alleging the offences punishable under Sections 323, 325, 506 (ii) and 498 A I.P.C against the petitioner. Cognizance has been taken by the learned Magistrate on the basis of the final report filed by the police. 2. At this stage, the petitioner/4th accused and the 1st respondent/defacto complainant have come before this Court with this petition. They submit that the disputes between them have been settled amicably and that they have resumed harmonious co- habitation after the commencement of the proceedings. In these circumstances, it is prayed that the case registered against the petitioner, ie.C.C.42 of 2007 pending before the Judicial First Class Magistrate-III, Kottayam arising from Crime No.564 of 2006 of Kottayam West Police Station may be quashed. 3. Notice was given to the learned Public Prosecutor. The learned Public Prosecutor does not oppose the application. The 1st respondent has entered appearance through counsel. Parties had filed a joint application for composition, numbered as Crl.M.Appl.No.791 of 2001 duly signed by them and counter signed by their respective counsel. Crl.M.C.No.464 of 2007 2 4. I am satisfied from the submissions made at the Bar and the averments made in the Crl.M.C as also in the joint application for composition filed by the rival contestants that parties have settled their disputes and have resumed harmonious co-habitation. If legally permissible, I am satisfied that powers under Section 482 Cr.P.C can be invoked. The offence under Section 498 A I.P.C is not declared by law to be compounded and in these circumstances, the composition is not in tune with Section 320 Cr.P.C. But the learned counsel point out that the dictum in B.S.Joshy v. State of Haryana [A.I.R (2003) S.C 1386] must be invoked and the proceedings must be brought to premature termination. The rationale behind that decision is that the interests of justice may at times transcend the mere interest of law and in such cases, it is perfectly permissible for the Court to invoke the powers under Section 482 Cr.P.C. Having considered all the relevant inputs, I am satisfied that the dictum in B.S.Joshy can be applied and the joint request made by the petitioner and the 1st respondent can be accepted. 5. In the result, this Crl.M.C is, allowed. C.C. 42 of 2007 pending before the Judicial First Class Magistrate-III, Kottayam arising from Crime No.564 of 2006 of Kottayam West Police Station is hereby quashed. (R.BASANT, JUDGE) rtr/- Crl.M.C.No.464 of 2007 3