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. 3067 of 2008() ------------------------- CC.334/2008 of JUDL.MAGISTRATE OF FIRST CLASS-III, PUNALUR .................... PETITIONER: A1 & A2: ------------ 1. MANOJ, S/O.MADHUSOODANAN JOYTHIVILASAM VEETTIL,KADASSERI MURI PUNNALA VILAGE, PATHANAPURAM TALUK. 2. SARALA, D/O.PARUKUTTY, JOYTHIVILASAM VEETTIL, KADASSERI MURI, PUNNALA VILLAGE, PATHANAPURAM TALUK. BY ADV. SRI.VINOY VARGHESE KALLUMOOTTILL RESPONDENTS: ------------- 1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. 2. S.I. OF POLICE, PATHANAPURAM POLICE STATION. 3. SHYNI, W/O.MANOJ, JOYTHIVILASAM VEETTIL KADASSERI MURI, PUNNALA VILLAGE, PATHANAPURAM TALUK. BY P.P. SRI. AMJAD ALI. BY ADV. SRI.E.N.VISHNU NAMBOODIRI FOR R3 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 21/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- Crl.M.C. No. 3067 of 2008 ------------------------------------------------- Dated this the 21st day of August, 2008 ORDER The petitioners face indictment in a prosecution under Sec.498A read with Sec.34 IPC. They are the husband and mother-in-law of the de facto complainant who is arrayed as the 3rd respondent. Cognizance has been taken on the basis of a final report submitted by the police after due investigation. The case is pending before the learned Judicial Magistrate of the First Class-III, Punalur, as C.C.No.334/08. During the pendency of the proceedings, the spouses have settled their disputes. They have resumed harmonious cohabitation. The de facto complainant/the 3rd respondent, does not now want to prosecute the petitioners. The disputes having been settled harmoniously and the 3rd respondent having compounded the Crl.M.C. No. 3067 of 2008 -: 2 :- offences allegedly committed by the petitioners, it is prayed that the unnecessary and irrelevant continuance of the prosecution may be quashed by invoking the powers under Sec.482 Cr.P.C. The 3rd respondent has entered appearance before this Court through counsel. A joint petition for composition has been filed by the rival contestants duly countersigned by their respective counsel. The learned counsel confirms that the matter has been settled. 2. I am satisfied from the averments in the Crl.M.C., from the averments in the joint petition for composition as also from the submissions made at the Bar by the learned counsel that the parties have settled their disputes willingly and voluntarily and the spouses have resumed harmonious cohabitation. 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 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 Crl.M.C. No. 3067 of 2008 -: 3 :- 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 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 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.334/08 pending before the learned Judicial First Class Magistrate-III, Punalur, against the petitioners herein under Sec.498A IPC is hereby quashed. (c) Proceedings under Sec.446 Cr.P.C., if any., pending shall be disposed of in accordance with law. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge Crl.M.C. No. 3067 of 2008 -: 4 :-