IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 11TH FEBRUARY 2009 / 22ND MAGHA 1930 Crl.MC.No. 539 of 2009() -------------------------------------- C.C.NO.685/08 OF JFCM, KOTHAMANGALAM ....... (CRIME NO.977/08 OF KOTHAMANGALAM POLICE STATION) PETITIONER(S): DEFACTO COMPLAINANT: ---------------------------------------------------------------- NISHA.G, AGED 35 YEARS, D/O.A.GOPALAKRISHNAN,MANIMANDIRAM, MUDAVOOR.P.O, VAZHAPPILLY, MUVATTUPUZHA. BY ADV. SMT.LAKSHMI B.SHENOY RESPONDENT(S): RESPONDENTS: -------------------------------------------------------- 1. STATE OF KERALA,REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE,KOTHAMANGALAM POLICE STATION. 3. BINU.S, AGED 37 YRS,S/O.SIVASANKARAN KUTTY, VILAKKATH HOUSE, MATHIRAPPILLY,M.A.COLLEGE P.O., KOTHAMANGALAM. R1 & R2 BY PUBLIC PROSECUTOR MR. AMJAD ALI R3 BY ADVS. SRI.ELDHO PAUL, SMT.TESSY JOSE. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 11/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.N. KRISHNAN, J. = = = = = = = = = = = = = = CRL.M.C. NO. 539 OF 2009 = = = = = = = = = = = = = = = Dated this the 11th day of February, 2009. O R D E R This petition is filed with a prayer to grant permission to compound the offence against the 3rd respondent in Crime No.977/08 in C.C.685/08 on the file of the Judicial First Class Magistrate, Kothamangalam and acquit the accused. The case against the 3rd respondent is one u/s 498A initiated on a complaint filed by the petitioner/wife. It is submitted that lot of matrimonial disputes had arisen out of the rift between the husband and wife and due to the intervention of others all the matrimonial disputes are settled and husband and wife has started living in a peaceful atmosphere and therefore it is prayed to put an end to the prosecution launched under Section 498A of Cr.P.C. It is true that there cannot be a compounding of offence u/s 498A for the reason that it does not come within the relevant provisions of Cr.P.C. The matter has been considered in detail by the Apex Court in the decision reported in B.S. Joshi v. State of CRL.M.C. 539 OF 2009 -:2:- Haryana (2003 (4) SCC 675) and the Apex Court had elaborately considered the method in which these types of matters have to be dealt with. Relying upon the earlier decisions the Apex Court held that, “While exercising inherent power of quashing under Section 482, it is for the High Court to take into consideration any special features which appear in a particular case to consider whether it is expedient and in the interest of justice to permit a prosecution to continue. 2. It also held that, the special features in such matrimonial matters are evident and it becomes the duty of the Court to encourage genuine settlements of matrimonial disputes. 3. The Apex Court has also cautioned that a hypertechnical view would be counterproductive and would act against the interests of women and against the object for which this provision was added. 4. Ultimately in the other case the Apex Court held hat the High Court in exercise of its inherent powers can CRL.M.C. 539 OF 2009 -:3:- quash Crl. Proceedings or F.I.R. or a complaint and S.320 of the Code does not limit or affects the powers u/s 482 of the Code. 5. Turning to the facts of the present case the husband and wife had settled all the dispute among themselves and they are living under the same roof in a cordial atmosphere and therefore it is really necessary to put all the litigations to an end otherwise it will have disastrous consequences. Therefore in order to meet the ends of justice I invoke power under Section 482Cr.P.C. and quash the criminal proceedings initiated against the husband under Section 498A Cr.P.C. M.N. KRISHNAN, JUDGE. ul/-