IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 29TH MAY 2008 / 8TH JYAISHTA 1930 Crl.MC.No. 2046 of 2008() ------------------------- CRIME NO. 344/05 OF AGALI POLICE STATION PETITIONER: ACCUSED/DEFACTO COMPLAINANT: ---------------------------------------- 1. MANOJ ABRAHAM, S/O. P.P. ABRAHAM, PATTEARIL (H), CHUNGATHARA P.O., NILAMBOOR, PALAKKAD DISTRICT. 2. P.P. ABRAHAM, PATTEARIL (H), CHUNGATHARA P.O., NILAMBOOR, PALAKKAD DISTRICT. 3. ALIYAMA ABRAHAM, W/O. P.P. ABRAHAM, PATTEARIL (H), CHUNGATHARA P.O., NILAMBOOR, PALAKKAD DISTRICT. 4. KUNJUMOL, D/O. CHACKO, KAVUMGAL (H), OSSATHIYOUR, THAVALAM P.O., KALAMALA VILLAGE. BY ADV. SRI.K.M.FIROZ RESPONDENTS: STATE: ------------------- THE STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, AGALI POLICE STATION, PALAKKAD THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. BY PUBLIC PROSECUTOR SRI. GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 29/05/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 2046 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 29th day of May, 2008 O R D E R The petitioners are accused 1 to 3 and the defacto complainant in a prosecution under Section 498A I.P.C. Investigation is complete. Final report has already been filed. On the basis of the final report filed in Crime No.344 of 2005 of Agali police station, the J.F.C.M., Mannarghat has registered C.C. 537 of 2007. First petitioner is the husband of the 4th petitioner and petitioners 2 and 3 are parents of the first petitioner. 2. The petitioners have come to this Court at this stage to report to the Court that the disputes between them have been settled amicably. They pray that the extra ordinary inherent jurisdiction under Section 482 Cr.P.C. may be invoked to quash the proceedings against petitioners 1 to 3. 3. Notice was given to the learned Prosecutor. The prayer is not opposed. The offence under Section 498A I.P.C. is not Crl.M.C.No. 2046 of 2008 2 compoundable. But the learned counsel for the petitioners rightly relies on the decision in B.S. Joshi v. State of Haryana (AIR 2003 SC 1386). That decision is authority for the proposition that the inherent jurisdiction under Section 482 Cr.P.C. may at times be invoked to achieve justice beyond the law and the mere fact that the offence alleged is non-compoundable does not fetter the powers of this Court to invoke the powers under Section 482 Cr.P.C. I am satisfied that this is a fit case where such invocation of powers under Section 482 Cr.P.C. will be justified. 3. This Crl.M.C. is accordingly allowed. C.C.No. 537 of 2007 pending before the J,.F.C.M. Mannarghat arising from crime No.344 of 2005 of Agali police station against petitioners 1 to 3 is hereby quashed. (R. BASANT) Judge tm