IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 11TH JULY 2008 / 20TH ASHADHA 1930 Crl.MC.No. 2555 of 2008() ------------------------- CRIME NO.335 OF 2008 OF VIYYOOR POLICE STATION PETITIONERS: ACCUSED 1 TO 3 ------------ 1. SUSHIL MENON, AGED 32 S/O. P. RAMACHANDRAN, PULIYATH VEEDU SHREE KRISHNAN TEMPLE ROAD, KOLAZHI, TRISSUR. 2. P. RAMACHANDRAN, S/O.GOVINDA MENON, PULIYATH VEEDU SHREE KRISHNAN TEMPLE ROAD, KOLAZHI, TRISSUR. 3. AMMINI RAMACHANDRAN AGED 68 W/O.P. RAMACHANDRAN,PULIYATH VEEDU SHREE KRISHNAN TEMPLE ROAD, KOLAZHI, TRISSUR. BY ADV. SRI.M.ANIL KUMAR RESPONDENTS: ------------- 1. V.REKHA MENON, AGED 26 D/O. RAVI.T. FLAT NO,. 5 B J.M.CASTLE, KALOOR, KOCHI-17 2. STATE OF KERALA, REPRESENTED BY S.I.OF POLICE, VIYYOOR POLICE STATION CRIME NO, 335/08 REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. BY PUBLIC PROSECUTOR SRI.AMJAD ALI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 11/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ Crl.M.C. No.2555 of 2008 ------------------------------------- Dated this the 11th day of July, 2008 ORDER Petitioners are accused 1 to 3 and they face allegations in a crime registered under Section 498 A I.P.C as Crime No.335 of 2008 of Viyyoor Police Station, Trichur. The crime was registered on the basis of a complaint filed by the 1st respondent/defacto complainant before the City Police Commissioner, Ernakulam. It was initially registered as Crime No.822 of 2008 before the Ernakulam Town North Police Station. Later, the same was transferred and the crime was re-registered at the Viyyoor Police Station. The petitioners herein are the husband, mother in law and father in law respectively of the 1st respondent, ie. the defacto complainant. Allegations of matrimonial cruelty of the culpable variety are alleged against petitioners 1 to 3 by the 1st respondent in the said complaint. 2. The parties have come before this Court through their counsel to apprise this Court of the fact that they have settled all the disputes and that the 1st respondent/defacto complainant has no grievance whatsoever against petitioners 1 to 3 now. The Crl.M.C. No.2555 of 2008 2 spouses have agreed to live separately and dissolve the matrimonial tie. The 1st respondent has compounded the offence allegedly committed by the petitioners and in these circumstances the 1st respondent does not want to further prosecute petitioners 1 to 3. It is prayed that powers under Section 482 Cr.P.C may be invoked to bring to premature termination the proceedings in the crime initiated against the petitioners. The 1st respondent has filed an affidavit duly attested by a counsel. The counsel has entered appearance. She confirms that the matter is settled. It is submitted that the affidavit has been signed by the 1st respondent/defacto complainant. 3. I am satisfied from the totality of circumstances available in this case that the parties have willingly and voluntarily entered into a genuine settlement and that the 1st respondent has compounded the offence allegedly committed by the petitioners. If legally permissible, the composition can be accepted and the proceedings can be brought to premature termination. 4. But the offence under Section 498 A I.P.C is not legally compoundable. Counsel in these circumstances rightly place reliance on the decision in B.S.Joshy v. State of Haryana [A.I.R Crl.M.C. No.2555 of 2008 3 (2003) SC 1386]. That decision is authority for the proposition that the powers under Section 482 Cr.P.C are wide and sweeping and can be pressed into service when the interests of justice so demand. The interests of justice, it is held, may at times transcend the interests of mere law and in such circumstances, the provisions of Section 320 Cr.P.C cannot be reckoned as a fetter on the powers of the Court under Section 482 Cr.P.C. 5. I am satisfied that this is an eminently fit case where the jurisdiction under Section 482 Cr.P.C as enabled by the said dictum can be invoked and the proceedings can be brought to premature termination. 6. In the result: i) This Crl.M.C is, allowed; ii) Crime No.335 of 2008 of Viyyoor Police Station registered under Section 498 A I.P.C against the petitioners and all action in furtherance of the same is hereby quashed. (R.BASANT, JUDGE) rtr/-