IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 18TH SEPTEMBER 2008 / 27TH BHADRA 1930 Crl.MC.No. 3511 of 2008() ------------------------- CC.507/2005 of JUDL.MAGISTRATE OF FIRST CLASS COURT, MANNARKAD .................... PETITIONER: ------------ 1. FAISAL, S/O, MANEEFA, MALIKAPURAKKAL, CHIRAKKAL PADY,MANNARKAD. 2. HANEEFA, S/O. BAVAKUTTY, MALIKAPURAKKAL, CHIRAKKAL PADY,MANNARKAD. 3. AISHA,W/O. MOIDHEEN,POTHUVAPURACKAL, CHIRAKKAL PADY,MANNARKAD. BY ADV. SRI.MANSOOR.B.H. RESPONDENTS: ------------- 1. LAILA, W/O. FAIZAL, VARODAN VEEDU KAITHACHIRA, THATHAMANGALAM, MANNARKAD. 2. STATION HOUSE OFFICER, (CRIME NO. 557 OF 2005 OF MANNARKKAD POLICE STATION) REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY P.-P. SRI. S.U. NAZAR. BY ADV. SRI.R.KRISHNAKUMAR (CHERTHALA) FOR R1 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- Crl.M.C. No. 3511 of 2008 ------------------------------------------------- Dated this the 18th day of September, 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, father-in-law and grandmother-in-law respectively of the 1st respondent/the de facto complainant. Cognizance was taken on the basis of a final report submitted by the police after due investigation. A Calendar Case has been registered and the same is pending from 2005. During the pendency of the proceedings, the de facto complainant and the petitioners/accused have settled their disputes and the de facto complainant has compounded the offence under Sec.498A IPC alleged against the petitioners. The de facto complainant does not now want to prosecute the case. She had compounded the offence. The spouses have separated Crl.M.C. No. 3511 of 2008 -: 2 :- and a legal divorce has already been effected. The 1st respondent has entered appearance through counsel to confirm the settlement and composition. She has filed an affidavit duly attested by her counsel to confirm that the disputes have been settled and the offence has been compounded. 2. I am satisfied from the totality of the circumstances available in the case that the parties have willingly and voluntarily settled their disputes and the 1st respondent has compounded the offence allegedly committed by the petitioners. If legally permissible and possible, I am satisfied that the composition can be accepted and the proceedings can be brought to premature termination. 3. The offence under Sec.498A of the IPC is not legally compoundable under Sec.320 Cr.P.C. 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 Crl.M.C. No. 3511 of 2008 -: 3 :- 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. as enabled by the dictum in the case referred above can safely be invoked 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.507/05 pending before the learned Judicial First Class Magistrate, Mannarkkad, against the petitioners herein under Sec.498A IPC in which the 1st respondent is the de facto complainant is hereby quashed. (c) Needless to say, the proceedings, if any, pending against the petitioners and the sureties under Sec.446 Cr.P.C. shall be disposed of in accordance with law. SD/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge Crl.M.C. No. 3511 of 2008 -: 4 :-