High Court Kerala High Court

Harris vs Manju Harris on 20 December, 2006

Kerala High Court
Harris vs Manju Harris on 20 December, 2006
       

  

  

 
 
  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

                             ----------------------


                        Crl.M.C.No.4085 of 2006

                       ----------------------------------------

             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

Crl.M.C.No.4085/06 2

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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Crl.M.C.No.4085/06 5

R.BASANT, J

C.R.R.P.No.

ORDER

21ST DAY OF JULY 2006