IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 7TH AUGUST 2008 / 16TH SRAVANA 1930 Crl.MC.No. 2987 of 2008() ------------------------------------- C.C.NO.56/2007 OF JUDICIAL FIRST CLASS MAGISTRATE, PARAPPANANGADI. ........... (CRIME NO.402/2006 OF TANNUR POLICE STATION) PETITIONER: ACCUSED: -------------------------------------- PONNU, S/O.UNNI, NELLIPADAM HOUSE, NENMARA, PALAKKAD DISTRICRT. BY ADV. SRI.K.P.SUDHEER RESPONDENTS: STATE & DEFACTO COMPLAINANT: ------------------------------------------------------------------------------ 1. STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING SUB INSPECTOR OF POLICE, TANUR, MALAPPURAM DISTRICT. 2. SOUMINI, D/O.NARAYANAN, AGED 33 YEARS, PATTAYATH VEEDU, NANNAMBRA, TIRURANGADI TALUK, MALAPPURAM DISTRICT. BY PUBLIC PROSECUTOR SRI. AMJAD ALI - R1 BY ADV. SRI.V.C.MADHAVANKUTTY - R2 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 07/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss R. BASANT, J. ------------------------------------------------- Crl.M.C. No.2987 of 2008 ------------------------------------------------- Dated this the 7th day of August, 2008 ORDER The petitioner is the sole accused in a prosecution under Sec.498A IPC which is now pending before the learned Judicial First Class Magistrate, Parappanangadi, as C.C.No.56/07. On a complaint filed by his wife – the 2nd respondent herein, a crime was registered by the police and cognizance was taken on the basis of the final report submitted after such investigation. The matter is pending before the learned Judicial First Class Magistrate, Parappanangadi. But during the pendency of the case, the petitioner and the 2nd respondent have settled their disputes harmoniously. They have resumed cohabitation. But the prosecution is still continuing. In these circumstances, the petitioner along with the 2nd respondent, has come before this Court with a prayer that the powers Crl.M.C. No.2987 of 2008 -: 2 :- under Sec.482 Cr.P.C. may be invoked to bring to premature termination the unnecessary, irrelevant and superfluous continuation of the further proceedings against the petitioner in this prosecution. 2. The 2nd respondent has entered appearance through counsel. An affidavit duly attested has been filed by the 2nd respondent as Annexure-A2. I am satisfied from the submissions made at the Bar by the learned counsel for the petitioner and the 2nd respondent as also from the affidavit filed and the averments in the Crl.M.C. that the parties have settled their disputes and the 2nd respondent has compounded the offences allegedly committed by the petitioner herein. If legally permissible and possible, I am satisfied that the composition can be accepted and the proceedings brought to premature 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 decisions of the Supreme Court in B.S. Joshy v. State of Haryana (AIR 2003 SC 1386) and Madhan Mohan Abbot v. State of Punjab (2008 AIR SCW 2287). I am satisfied that, relying on these decisions, 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 Crl.M.C. No.2987 of 2008 -: 3 :- 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 precedents 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 two cases 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.56/07 pending before the Judicial First Class Magistrate, Parappanangadi, against the petitioner herein under Sec.498A IPC is hereby quashed. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge Crl.M.C. No.2987 of 2008 -: 4 :-