IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl MC No. 4085 of 2006()
1. HARRIS
... Petitioner
Vs
1. MANJU HARRIS
... Respondent
For Petitioner :SMT.HUMERA MOHAMED ALI
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :20/12/2006
O R D E R
R.BASANT, J
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Crl.M.C.No.4085 of 2006
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Dated this the 20th day of December 2006
O R D E R
The petitioners are accused 1 to 4 in a prosecution interalia
under Section 498(A) I.P.C. The first petitioner is the husband
of the first respondent/defacto complainant. Accused 2 to 4 are
relatives of the first accused. The prosecution under Section
498(A) I.P.C has been initiated at the instance of the first
respondent.
2. The parties have now settled their disputes. Harmony
has been restored in the matrimony. The petitioners as well as
the second accused in unison pray that the powers under Section
482 Cr.P.C may be invoked and the prosecution initiated against
accused 1 to 4 may be quashed.
3. The first respondent has entered appearance through
counsel. The learned counsel on behalf of the first respondent
asserts that the matter has been settled and the first respondent
has compounded the offence allegedly committed by the
petitioners/accused. An affidavit duly attested by his counsel has
been filed by the first respondent to confirm the settlement. The
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learned Public Prosecutor raises no objections against the
proposed quashing of proceedings.
4. I am satisfied from the submissions made at the bar,
from the averments made in the petition and from the affidavit
sworn to by the first respondent that the parties have settled
their disputes amicably and that the first respondent has
compounded the alleged offence committed by the
petitioners/accused. I am, in these circumstances, satisfied that
the powers under Section 482 Cr.P.C can be invoked in favour
of the petitioners notwithstanding the fact that the offence under
Section 498(A) I.P.C is not compoundable. The decision in
B.S.Joshi vs. State of Haryana [AIR 2003 SC 1386] clearly lays
down that the powers under Section 482 Cr.P.C can at times be
invoked in the interests of justice. It is clearly held that the
interests of justice transcend the interests of mere law and to
cater the interests of justice, notwithstanding the fact that the
offence is not compoundable in terms of the provisions of Section
320 Cr.P.C, the powers under Section 482 Cr.P.C can be
invoked. Harmony having been restored in the matrimony. I am
satisfied that this prosecution has lost its meaning, significance
Crl.M.C.No.4085/06 3
and relevance. It would harm the interests of harmony if the
prosecution were permitted to continue notwithstanding the
joint request made by the rival contestants.
5. In the result, this Criminal Miscellaneous Case is
allowed. C.C.No.882/05 against the petitioners pending before
the J.F.C.M-I, Alappuzha shall stand quashed.
(R.BASANT, JUDGE)
jsr
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R.BASANT, J
C.R.R.P.No.
ORDER
21ST DAY OF JULY 2006