IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 27TH AUGUST 2008 / 5TH BHADRA 1930 Crl.MC.No. 3264 of 2008() ------------------------- CC.31/2001 NOW L.P.61/01 of JUDL.MAGISTRATE OF FIRST CLASS-I, THAMARASSERY .................... PETITIONER: ------------ KOLAPPALA SUBAIDA, D/O UMMER, BUSHRAS, EDAKKAD AMSOM, KADALAYI DESOM, KANNUR. BY ADV. SRI.T.G.RAJENDRAN RESPONDENTS: ------------- 1. M.P. ABDUL RASHEED, S/O HAMSA, KOYILATT, KIZHAKKOTH AMSOM, KODUVALLY, KOZHIKODE. 2. STATE REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY P.P. SRI. GIKKU JACOB. BY ADV. SRI.CIBI THOMAS (R1) THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 27/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- Crl.M.C. No. 3264 of 2008 ------------------------------------------------- Dated this the 27th day of August, 2008 ORDER The petitioner - a woman, is the de facto complainant in a prosecution under Sec.498A IPC. Her husband/the 1st respondent is the accused in that case. Investigation is complete. Final report has already been filed. Cognizance has been taken. The 1st respondent has not entered appearance. The case against him has been transferred to the list of Long Pending Cases. 2. During the pendency of the proceedings, the parties have settled their disputes. The marital tie has been dissolved and they are residing separately after settling all their disputes. The petitioner has compounded the offences allegedly committed by the 1st respondent. Annexure-II is the agreement executed by the petitioner and the 1st respondent Crl.M.C. No. 3264 of 2008 -: 2 :- under which divorce is effected and the disputes were settled. The petitioner along with the 1st respondent has now come before this Court with a prayer that the settlement and the composition may be accepted and the unnecessary continuation of the prosecution may be prevented. 3. I have heard the learned counsel for the petitioner and the 1st respondent. I have perused Anenxure-II agreement produced by the petitioner. 4. Notice was given to the learned Public Prosecutor. The learned Public Prosecutor does not oppose the prayer. I am satisfied, in these circumstances, that the parties have settled their disputes willingly and voluntarily and that the petitioner has compounded the offences allegedly committed by the 1st respondent. If legally permissible and possible, I am satisfied that the composition can be accepted and the proceedings can be brought to premature termination. 5. 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 Crl.M.C. No. 3264 of 2008 -: 3 :- 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. 6. 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. as enabled by the dictum in the case referred above can safely be invoked and premature termination of the proceedings can be brought about. 7. In the result: (a) This Crl.M.C. is allowed. (b) L.P.No.61/01 (C.C.No.31/01) pending before the Judicial First Class Magistrate-I, Thamarassery, against the 1st Crl.M.C. No. 3264 of 2008 -: 4 :- respondent herein under Sec.498A IPC is hereby quashed. (c) The proceedings under Sec.446, if any, pending against the 1st respondent and the sureties shall, of course, be disposed of in accordance with law. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge Crl.M.C. No. 3264 of 2008 -: 5 :-