IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 21ST AUGUST 2008 / 30TH SRAVANA 1930 Crl.MC.No. 1412 of 2008() ----------------------------------- CC.1307/2005 OF JUDL.MAGISTRATE OF FIRST CLASS, PERUMBAVOOR CRIME NO.545 OF 2005 OF PERUMBAVOOR POLICE STATION. .................... PETITIONERS/ ACCUSED ------------------------------------ 1. ABDUL JALEEL, S/O.MOHAMED ALI PUTHENPEEDIKAYIL, ALLAPRA P.O. PERUMBAVOOR, ERNAKULAM DISTRICT 2. SARA UMMA, W/O.MOHAMED ALI PUTHENPEEDIKAYIL, ALLAPRA P.O. PERUMBAVOOR, ERNAKULAM DISTRICT 3. JALEENA, D/O.MOHAMMED ALI PUTHENPEEDIKAYIL, ALLAPRA P.O., PERUMBAVOOR ERNAKULAM DISTRICT. BY ADV. SRI.S.RAJEEV RESPONDENTS/STATE & DEFACTO COMPLAINANT: -------------------------------------------------------------------------- 1. STATE OF KERALA RE. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. (CRIME NO.545 OF 2005 OF PERUMBAVOOR POLICE STATION) 2. FARZANA K.B., AGED 24 YEARS, D/O.BAKER NOW RESIDING AT KARUMAKKATTU HOUSE NEAR PUNNAMATTOM JUMA MASJID, ENANELLOOR P.O. MOOVATTUPUZHA (VIA), ERNAKULAM DISTRICT. PUBLIC PROSECUTOR SRI.JIKKU JACOB SRI.P.FAZIL FOR R2 SMT.JAYASREE MANOJ FOR R2 SRI.SREEJITH V.S. FOR R2 THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 21/08/2008,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Rs/ R. BASANT, J. ------------------------------------------------- Crl.M.C. No. 1412 of 2008 ------------------------------------------------- Dated this the 21st day of August, 2008 ORDER The petitioners face indictment in a prosecution for the offence punishable under Sec.498A read with Sec.34 IPC. They are the husband, mother-in-law and sister-in-law respectively of the de facto complainant who has been arrayed as the 2nd respondent herein. Cognizance was taken on the basis of a final report submitted by the police after due investigation. The crime, in turn, was registered on the basis of a complaint filed by the 2nd respondent before the police. Investigation is complete. Final report has already been filed. Cognizance has been taken. The matter is pending before the learned Judicial Magistrate of the First Class, Perumbavoor, as C.C.No.1307/05. 2. The petitioners, along with the 2nd respondent, have Crl.M.C. No. 1412 of 2008 -: 2 :- come before this Court now to report to this Court that during the pendency of the proceedings before the court below, the spouses have settled their disputes. The 2nd respondent/wife has compounded the offences allegedly committed by the petitioners. They have resumed harmonious cohabitation. In these circumstances, the 2nd respondent does not want the proceedings to continue against the petitioners. It is prayed that irrelevant and unnecessary prosecution may now be brought to termination accepting the composition by invoking the extraordinary inherent jurisdiction under Sec.482 Cr.P.C. as enabled by the dictum in Madhan Mohan Abbot v. State of Punjab (2008 AIR SCW 2287). 3. Notice was given to the learned Public Prosecutor. The learned Public Prosecutor does not oppose the application. 4. The 2nd respondent has entered appearance through counsel. A joint application for composition duly signed by the rival contestants and countersigned by their respective counsel is also filed. I am satisfied from the submissions made at the Bar and from the materials produced that the parties have willingly and voluntarily settled their disputes and the offence has been compounded by the 2nd respondent. If legally permissible and possible, I am satisfied that the composition can be accepted Crl.M.C. No. 1412 of 2008 -: 3 :- and the proceedings can be 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 decision of the Supreme Court in B.S. Joshy v. State of Haryana (AIR 2003 SC 1386). I am satisfied that, relying on the decision, 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 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 precedent 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 case 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.1307/05 pending before the Judicial First Class Crl.M.C. No. 1412 of 2008 -: 4 :- Magistrate, Perumbavoor, against the petitioners herein under Sec.498A IPC is hereby quashed. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge