IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl MC No. 1042 of 2007()
1. N.K.SADIK, AGED 37 YEARS,
... Petitioner
2. CHEMBAN PATHUMMUNNI, AGED 66 YEARS,
3. N.K.RAFEEQUE, AGED 27 YEARS,
4. N.K.SOUDHABI, D/O.MOHAMMED KOYA,
Vs
1. JESFINEESHA, D/O.ISMAIL KHAN,
... Respondent
2. STATE OF KERALA, REP.
For Petitioner :SRI.T.K.KUNHABDULLA
For Respondent :SRI.T.GOPALAKRISHNAN
The Hon'ble MR. Justice R.BASANT
Dated :03/04/2007
O R D E R
R. BASANT, J.
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CRL.M.C.NO. 1042 OF 2007
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Dated this the 3rd day of April, 2007
ORDER
The petitioners face indictment in a prosecution under
Sec.498A read with Sec.34 of the IPC. They are the husband
and relatives of the 1st respondent herein.
2. The petitioners have come before this Court with a
prayer that the powers under Sec.482 of the Cr.P.C. may be
invoked to quash the proceedings initiated against the
petitioners. The learned counsel for the petitioners submits
and the learned counsel for the 1st respondent concedes that
the disputes between the parties have been settled amicably
and the 1st respondent – the de facto complainant, has
compounded the offence allegedly committed by the
petitioners. The parties have filed a joint application for
composition as Crl.M.A.No.1731/07. The application is duly
signed by the petitioners and the 1st respondent and
CRL.M.C.NO. 1042 OF 2007 -: 2 :-
countersigned by their respective counsel. The learned counsel
for the 1st respondent vouches for the signature of the 1st
respondent in the application for composition.
3. I am satisfied from the averments made in the petition
and the submissions made at the Bar that the parties have
settled their disputes amicably and the 1st respondent has
compounded the offence allegedly committed by the petitioners.
If the same is legally acceptable, I am satisfied that the
composition can be accepted and the proceedings can be
brought to termination.
4. The offence under Sec.498A of the IPC is not
compoundable. But the learned counsel submit that the
decision in B.S. Joshy v. State of Haryana (AIR 2003 SC 1386)
justifies the invocation of the powers under Sec.482 of the
Cr.P.C. The rationale underlying the said decision is that the
interests of 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
reckoned as a fetter on the powers of the Court under Sec.482 of
the Cr.P.C.
5. It is submitted that the 1st petitioner and the 1st
CRL.M.C.NO. 1042 OF 2007 -: 3 :-
respondent are living together harmoniously. I am satisfied that
this is an eminently fit case where the composition can be
accepted and the proceedings brought to premature termination
invoking the dictum in B.S. Joshy v. State of Haryana (AIR
2003 SC 1386).
6. . In the result:
(i) This Crl.M.C. is allowed.
(ii) C.C.No.388/06 pending before the Judicial First Class
Magistrate’s Court-II, (Special Court Forest), Manjeri, against
the petitioners is hereby quashed.
Sd/-
(R. BASANT, JUDGE)
Nan/
//true copy//
P.S. to Judge