IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl MC No. 4026 of 2006()
1. THOMAS @ SABU, S/O.VARGHESE,
... Petitioner
Vs
1. MINI, D/O.THOMAS,
... Respondent
2. THRESE, W/O.THOMAS,
3. STATE OF KERALA, REPRESENTED BY
For Petitioner :SRI.P.GEORGE WILLIAM
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :13/12/2006
O R D E R
R. BASANT, J.
-------------------------------------------------
CRL.M.C.NO. 4026 OF 2006
-------------------------------------------------
Dated this the 13th day of December, 2006
ORDER
The petitioner faces indictment in a prosecution under
Sec.498A of the IPC. Cognizance has been taken on the basis
of a final report submitted by the police, after due
investigation. The only allegation raised against the petitioner
is the one punishable under Sec.498A of the IPC.
2. This Crl.M.C. has been filed by the petitioner – the
sole accused, to request this Court to invoke its powers under
Sec.482 of the Cr.P.C. to quash the prosecution initiated
against him which is pending as C.C.No.879/05 before the
learned Judicial Magistrate of the First Class-I, Kochi.
3. It is submitted that the petitioner has settled his
disputes with his wife and mother-in-law, who are shown as
respondents 1 and 2 in this Crl.M.C. and as C.Ws.1 and 2 in
the prosecution launched against the petitioner. Inasmuch
as the matrimonial dispute has been settled harmoniously, it is
submitted that there is absolutely no justification in the
prosecution under Sec.498A of the IPC continuing. Though
CRL.M.C.NO. 4026 OF 2006 -: 2 :-
the offence under Sec.498A of the IPC is not compoundable
under Sec.320 of the Cr.P.C., it is prayed that invoking the
dictum in B.S. Joshy v. State of Haryana (AIR 2003 SC 1386),
powers under Sec.482 of the Cr.P.C. may be invoked to bring to
premature termination the prosecution.
4. B.S. Joshy v. State of Haryana (AIR 2003 SC 1386) is
authority for the proposition that powers under Sec.482 of the
Cr.P.C. can, in an appropriate case, be invoked if the interests of
justice would transcend the mere interests of law. This, I am
satisfied, is a typically fit case where such powers under Sec.482
of the Cr.P.C. can be invoked. Respondents 1 and 2 are
represented by the counsel and the learned counsel for the
petitioner vouches that respondents 1 and 2 have settled their
disputes with the petitioner and have compounded the offence
allegedly committed by the petitioner. Advocate Sri.K.A. Jaleel
appears for respondents 1 and 2 and vouches for the composition
of the offence. I am, in these circumstances, satisfied that the
composition has, in fact, taken place and the prosecution can be
brought to termination by invoking the powers under Sec.482 of
the Cr.P.C.
CRL.M.C.NO. 4026 OF 2006 -: 3 :-
5. In the result:
(a) This Crl.M.C. is allowed.
(b) C.C.No.879/05 pending before the Judicial Magistrate of
the First Class-I, Kochi, is hereby quashed.
Sd/-
(R. BASANT, JUDGE)
Nan/
//true copy//
P.S. to Judge