High Court Kerala High Court

Naseer vs State Of Kerala on 30 July, 2007

Kerala High Court
Naseer vs State Of Kerala on 30 July, 2007
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl MC No. 2417 of 2007()


1. NASEER, AGED 27 YEARS, S/O.HUSSAIN,
                      ...  Petitioner
2. NASEEMA, AGED 45 YEARS, W/O.HUSSAIN,

                        Vs



1. STATE OF KERALA,
                       ...       Respondent

2. FOUSYA, AGED 23 YEARS, W/O.NASEER,

                For Petitioner  :SRI.PEEYUS A.KOTTAM

                For Respondent  :SRI.NAVEEN THOMAS

The Hon'ble MR. Justice R.BASANT

 Dated :30/07/2007

 O R D E R
                                 R. BASANT, J.

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

                         Crl.M.C.No.  2417  of   2007

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

                  Dated this the  30th   day of   July, 2007


                                     O R D E R

The petitioners face indictment in a prosecution under Section

498A I.P.C. Cognizance has been taken on the basis of a complaint

filed by the second respondent/defacto complainant. The first

petitioner is the husband and second petitioner is the mother-in-law

of the defacto complainant. Final report has been filed. The matter

is pending before the learned Magistrate as C.C.1920 of 2004.

Pending the proceedings, it is submitted, that the petitioners have

settled their disputes with the defacto complainant. The defacto

complainant has compounded the offences allegedly committed by

the petitioners. The first petitioner and the second respondent had

resumed cohabitation. The second respondent is now pregnant also,

it is submitted.

2. The second respondent has entered appearance through

counsel and the parties have filed a joint statement duly counter

signed by their counsel to satisfy the court that the matter has been

settled and the second respondent has compounded the offences

allegedly committed by the petitioners.

Crl.M.C.No. 2417 of 2007

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3. I am satisfied from the submissions made at the Bar, from the

averments in the Crl.M.C. and from the joint statement filed that the

parties have settled their disputes and the defacto complainant has

compounded the offences allegedly committed by the petitioners. If legally

permissible, I am satisfied that the composition can be accepted and

proceedings can be brought to premature termination.

4. The offence under Section 498A I.P.C. is not legally

compoundable and the composition cannot be accepted under Section 320

Cr.P.C. But the learned counsel for the petitioners relies on the decision in

B.S. Joshi v. State of Haryana (AIR 2003 SC 1386). The said decision

is authority for the proposition that at times the interests of justice may

transcend the interests of mere law and in such circumstances the provisions

of Section 320 Cr.P.C. cannot be reckoned as a fetter on the sweeping

powers of the Court under Section 482 Cr.P.C. to act in aid of justice. I am

satisfied that this is an eminently fit case where the powers under Section

482 Cr.P.C. with the help of the dictum in B.S. Joshi can be invoked and

the proceedings against the petitioners brought to premature termination.

Crl.M.C.No. 2417 of 2007

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5. This Crl.M.C. is hence allowed. C.C. No. 1920 of 2004,

pending before the Judicial First Class Magistrate-II, Kochi against the

petitioners is hereby quashed.

(R. BASANT)

Judge

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