IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 16TH SEPTEMBER 2008 / 25TH BHADRA 1930 Crl.MC.No. 3487 of 2008() ------------------------- CC.186/2008 of JUDL. MAGISTRATE OF FIRST CLASS COURT, CHALAKUDY .................... PETITIONER: DEFACTO COMPLAINANT ------------------------------- JAYARANJINI, AGED 26 YEARS, D/O.JAYACHANDRA PRABHU, RESIDING AT DEVASWOMPARAMBIL HOUSE, PUTHUVYPU VILLAGE, PANIKKARUPADI, AZHEEKAL. BY ADV. SRI.K.D.PAUL DALIN SRI.P.A.AUGUSTINE(AREEKATTEL) RESPONDENTS: ACCUSED/STATE -------------------------- 1. PRADEEP SHENOY, AGED 32 YEARS, S/O.RADHAKRISHNA SHENOY, ARAKKAPADATH HOUSE, KAKULASSERRY VILLAGE, PARAPURAM DESOM, KUZHUR P.O. 2. STATE OF KERALA, REPRESENTED BY S.I. OF POLICE, MALA POLICE STATION, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. R2 BY PUBLIC PROSECUTOR SRI. S.U. NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 16/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 3487 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 16th day of September, 2008 O R D E R The petitioner is the defacto complainant in a prosecution for the offence punishable under Section 498A I.P.C. against her husband, the first respondent herein. Cognizance has been taken on the basis of the final report submitted by the police after due investigation. The case is pending before the court below. At this stage, the petitioner has come before this Court with this petition under Section 482 Cr.P.C. to apprise the court of the fact that the disputes between the petitioner and the first respondent have been settled amicably and the spouses have resumed cohabitation. It is reported that the petitioner has compounded the offences allegedly committed by the first respondent. The petitioner in the petition, which is counter signed by her counsel, confirms that the matter has been settled and she has compounded the offences allegedly committed by the first respondent. The learned counsel for the petitioner vouches Crl.M.C.No. 3487 of 2008 2 for the signature of the defacto complainant and confirms that the disputes have been settled between the parties and the offence has been compounded by the petitioner. 2. Notice given to the learned Prosecutor. The application is not opposed. 3. I am satisfied from the facts and circumstances of this case that there has been a genuine and voluntary settlement of the disputes between the spouses and the petitioner has compounded the offence under Section 498A I.P.C. allegedly committed by the first respondent. If legally permissible, the settlement can be recognized and premature termination of the proceedings can be brought about. 4. The offence under Section 498A I.P.C. is not legally compoundable and the composition cannot be accepted under Section 320 Cr.P.C. But the learned counsel for the petitioners relies on the decision in B.S. Joshi v. State of Haryana (AIR 2003 SC 1386). The said decision is authority for the proposition that at times the interests of justice may transcend the interests of mere law and in such circumstances the provisions of Section 320 Cr.P.C. cannot be Crl.M.C.No. 3487 of 2008 3 reckoned as a fetter on the sweeping powers of the Court under Section 482 Cr.P.C. to act in aid of justice. I am satisfied that this is an eminently fit case where the powers under Section 482 Cr.P.C. with the help of the dictum in B.S. Joshi can be invoked and the proceedings against the petitioner brought to premature termination. 4. This Crl.M.C. is hence allowed. C.C. No. 186 of 2008, pending before the Judicial First Class Magistrate, Chalakudy against the first respondent herein, in which the petitioner is the defacto complainant, is hereby quashed. (R. BASANT) Judge tm