IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 14TH JULY 2008 / 23RD ASHADHA 1930 Crl.MC.No. 2350 of 2008() ------------------------- CRIME NO.31 OF 2008 OF ALATHUR POLICE STATION PETITIONER: ACCUSED ------------------- 1. JYOTHISH KUMAR, S/O.KRISHNAN NAIR, AGED 29. 2. KRISHNAN NAIR, AGED 59. 3. SARALA, W/O.KRISHNAN NAIR. PETITIONERS ARE PERMANENTLY RESIDING AT KRISHNA NIVAS, METTU VALAVU, NELLIKODU, THATHAMANGALAM, CHITTOOR TALUK, PALAKKAD DISTRICT. BY ADV. SRI.JACOB SEBASTIAN RESPONDENTS: COMPLAINANTS ------------------------- 1. KRIPA, D/O.KRISHNANKUTTY, AGED 19, KURUPATH HOUSE, PAZHAMBALAKODE, ALATHUR TALUK, PALAKKAD DISTRICT. 2. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 14/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ Crl.M.C. No.2350 of 2008 ------------------------------------- Dated this the 14th day of July, 2008 ORDER Joint statement is filed. Petitioners are accused facing allegations in a crime registered alleging offences punishable under Section 498 A r/w 34 I.P.C. It is submitted at the Bar that the investigation is now complete and the final report has already been filed though cognizance has not been taken yet. The petitioners are the husband, father in law and mother in law respectively of the defacto complainant, ie. the 1st respondent. Crime has been registered on the basis of a private complaint filed by the 1st respondent and referred to the police by the learned Magistrate under Section 156(3) Cr.P.C. All outstanding disputes have been settled. Divorce has been agreed upon and a joint application for divorce has already been filed. In as much as the petitioners and the 1st respondent have settled their disputes, it is prayed that further proceedings in Crime No.31 of 2008 may now be quashed. 2. The petitioners and the 1st respondent are represented by their counsel. The counsel submit that the matter has been Crl.M.C. No.2350 of 2008 2 settled and the 1st respondent has compounded the offence allegedly committed by the petitioners. In these circumstances, it is prayed that a lenient view may be taken, the composition accepted and further proceedings quashed. A joint statement has been filed duly signed by the petitioners and the 1st respondent and counter signed by their respective counsel. 3. I am satisfied from the submissions made at the Bar and from the averments in the Crl.M.C as also in the joint application for composition that the parties have settled their disputes and 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. 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 (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, Crl.M.C. No.2350 of 2008 3 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 said dictum can be invoked and the proceedings brought to premature termination. 6. In the result: i) This Crl.M.C is, allowed; ii) Crime No.31 of 2008 of of Alathur Police Station registered against the petitioners at the instance of the 1st respondent and all further proceedings including the final report and further action on such final report are hereby quashed. (R.BASANT, JUDGE) rtr/-