IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl MC No. 2432 of 2007()
1. UNNIKRISHNAN, AGED 41,
... Petitioner
2. KUMARI, AGED 42,
3. DINESAN, AGED 36,
4. BABU, AGED 37,
Vs
1. LATHA, AGED 36,
... Respondent
2. S.I. OF POLICE,
For Petitioner :SRI.P.SHAIJAN JOSEPH
For Respondent :SRI.SUNNY XAVIER
The Hon'ble MR. Justice R.BASANT
Dated :30/07/2007
O R D E R
R. BASANT, J.
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Crl.M.C. NO. 2432 OF 2007
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Dated this the 30th day of July, 2007
ORDER
The petitioners are accused in a crime registered, inter
alia, under Sec.498A of the IPC. The crime has been
registered on the basis of a complaint filed before the learned
Magistrate by the de facto complainant and forwarded to the
police by the learned Magistrate under Sec.156(3) of the
Cr.P.C. The 1st accused/1st petitioner is the husband of the de
facto complainant i.e., the 1st respondent herein. Petitioners
2, 3 and 4/accused 2, 3 and 4 are the sister-in-law and
neighbours respectively of the 1st accused. Investigation was
completed, final report was filed and cognizance has been
taken by the learned Magistrate. The petitioners as well as
the 1st respondent have now come before this Court with a
request that the proceedings initiated by the de facto
complainant against the petitioners may now be quashed
Crl.M.C. NO. 2432 OF 2007 -: 2 :-
invoking the powers under Sec.482 of the Cr.P.C.
2. What is the reason? The 1st respondent has entered
appearance before Court. She is represented by a counsel.
The petitioners and the 1st respondent/complainant have filed a
joint statement duly countersigned by their respective counsel to
apprise this Court of the fact that the disputes have been settled
and the alleged offences committed by the petitioners have been
compounded by the 1st respondent/complainant. I am satisfied
from the averments in the petition and in the joint statement and
the submissions made at the Bar that the parties have willingly
and voluntarily settled their disputes and the 1st respondent has
compounded the offences allegedly committed by the petitioners.
The submissions reveal that the 1st petitioner and the 1st
respondent have settled their disputes and have started
harmonious cohabitation. I am satisfied that if the settlement
and the composition is legally acceptable, the same can be
accepted and premature termination of the proceedings can be
brought about. But the offence punishable under Sec.498A of
the IPC is not compoundable. The learned counsel for the
petitioners, in these circumstances, rightly relies on the decision
in B.S. Joshy v. State of Haryana (AIR 2003 SC 1386). That
decision is authority for the proposition that the interests of
Crl.M.C. NO. 2432 OF 2007 -: 3 :-
justice may at times transcend the interests of mere law and in
such exceptional cases powers under Sec.482 of the Cr.P.C. can
be invoked and Sec.320 of the Cr.P.C. cannot be a fetter to the
invocation of such power.
5. This, I am satisfied, is an eminently fit case where the
harmonious settlement of the disputes between the spouses can
be accepted and the proceedings brought to premature
termination.
6. In the result:
(i) This Crl.M.C. is allowed.
(ii) C.C.No.944/06 pending before the Judicial Magistrate
of the First Class-II, Thrissur, against the petitioners is hereby
quashed.
Sd/-
(R. BASANT, JUDGE)
Nan/
//true copy//
P.S. to Judge
Crl.M.C. NO. 2432 OF 2007 -: 4 :-