IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl MC No. 3356 of 2007()
1. V.V.RAJENDRAN @ SUNIL, AGED 33 YEARS,
... Petitioner
2. SARASWATHI, AGED 61 YEARS,
3. VISWAKUMARI, AGED 41 YEARS, W/O.RAVI,
4. SREEVIDYA.V.V., AGED 36 YEARS,
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
2. MAHESWARIAMMA @ MEERA, AGED 27 YEARS,
For Petitioner :SMT.C.S.SHEEJA
For Respondent :SRI.A.C.DEVY
The Hon'ble MR. Justice R.BASANT
Dated :05/11/2007
O R D E R
R.BASANT, J.
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Crl.M.C.No.3356 of 2007
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Dated this the 5th day of November 2007
O R D E R
The petitioners are the husband of the de facto complainant
and his relatives. The de facto complainant is the second
respondent herein. The second respondent had filed a private
complaint. The same was referred to the police under Section
156(3) Cr.P.C. Investigation was conducted by the police and
after such investigation, final report was filed alleging
commission of the offence punishable under Section 498A read
with 34 I.P.C against all the four petitioners. Cognizance has
been taken by the learned Magistrate and the case is now
pending before the learned Judicial First Class Magistrate Court,
Kunnamkulam as C.C.No.368/07. The petitioners and the second
respondent have come to this court through their counsel. It is
reported to the court that all the disputes between the
petitioners and the second respondent have been settled
amicably. The first petitioner and the second respondent-
spouses have now resumed harmonious co-habitation. The
second respondent has compounded the offence allegedly
committed by the petitioners.
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2. Notice was given to the learned Public Prosecutor.
The learned Public Prosecutor submits that the State has no
objection against the acceptance of the composition.
3. The learned counsel for the second respondent,
Sri.A.C.Devy confirms that the matter has been settled between
the parties and the second respondent, his client, has
compounded the offence allegedly committed by the petitioners
1 to 4. I am, in these circumstances, satisfied that the parties
have willingly and voluntarily settled their disputes and the
spouses have now resumed co-habitation. I am satisfied
from the submissions made at the Bar and the joint statement
filed by the rival contestants duly countersigned by their
respective counsel that the dispute have been settled and the
first respondent has compounded the offence allegedly
committed by the petitioners. If legally permissible, I am
satisfied that the composition can be accepted and premature
termination of the proceedings can be brought about.
4. But the offence under Section 498A I.P.C is not legally
compoundable under Section 320 Cr.P.C. The learned counsel,
in these circumstances, rightly rely on the decision of the
Supreme Court in B.S.Joshi vs. State of Haryana [AIR 2003 SC
1386]. That decision is authority for the proposition that the
Crl.M.C.No.3356/07 3
interests of justice may, at times, transcend the interests of mere
law and in such circumstances, the stipulations of Section 320
Cr.P.C cannot be held to fetter the sweep, width and amplitude
of the extraordinary inherent jurisdiction under Section 482
Cr.P.C. I am satisfied that this is an eminently fit case where
the powers under Section 482 Cr.P.C, as explained in the dictum
in B.S.Joshi vs. State of Haryana [AIR 2003 SC 1386] can and
ought to be invoked and proceedings initiated against the
petitioners brought to premature termination.
5. I am not insisting on a joint application between the
parties in the light of the assertion of the learned counsel for the
second respondent that the parties have settled the disputes and
have resumed harmonious co-habitation.
6. In the result, this petition is allowed. C.C No.368/07
pending before learned Judicial First Class Magistrate Court,
Kunnamkulam against the petitioners under Section 498A read
with 34 I.P.C is hereby quashed.
(R.BASANT, JUDGE)
jsr
// True Copy// PA to Judge
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Crl.M.C.No.3356/07 5
R.BASANT, J.
CRL.M.CNo.
ORDER
21ST DAY OF MAY2007