IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 2555 of 2008()
1. SUSHIL MENON, AGED 32
... Petitioner
2. P. RAMACHANDRAN,
3. AMMINI RAMACHANDRAN AGED 68
Vs
1. V.REKHA MENON, AGED 26
... Respondent
2. STATE OF KERALA, REPRESENTED BY
For Petitioner :SRI.M.ANIL KUMAR
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :11/07/2008
O R D E R
R.BASANT, J
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Crl.M.C. No.2555 of 2008
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Dated this the 11th day of July, 2008
ORDER
Petitioners are accused 1 to 3 and they face allegations in a
crime registered under Section 498 A I.P.C as Crime No.335 of
2008 of Viyyoor Police Station, Trichur. The crime was registered
on the basis of a complaint filed by the 1st respondent/defacto
complainant before the City Police Commissioner, Ernakulam. It
was initially registered as Crime No.822 of 2008 before the
Ernakulam Town North Police Station. Later, the same was
transferred and the crime was re-registered at the Viyyoor Police
Station. The petitioners herein are the husband, mother in law
and father in law respectively of the 1st respondent, ie. the
defacto complainant. Allegations of matrimonial cruelty of the
culpable variety are alleged against petitioners 1 to 3 by the 1st
respondent in the said complaint.
2. The parties have come before this Court through their
counsel to apprise this Court of the fact that they have settled all
the disputes and that the 1st respondent/defacto complainant has
no grievance whatsoever against petitioners 1 to 3 now. The
Crl.M.C. No.2555 of 2008 2
spouses have agreed to live separately and dissolve the
matrimonial tie. The 1st respondent has compounded the offence
allegedly committed by the petitioners and in these
circumstances the 1st respondent does not want to further
prosecute petitioners 1 to 3. It is prayed that powers under
Section 482 Cr.P.C may be invoked to bring to premature
termination the proceedings in the crime initiated against the
petitioners. The 1st respondent has filed an affidavit duly attested
by a counsel. The counsel has entered appearance. She confirms
that the matter is settled. It is submitted that the affidavit has
been signed by the 1st respondent/defacto complainant.
3. I am satisfied from the totality of circumstances
available in this case that the parties have willingly and
voluntarily entered into a genuine settlement and that the 1st
respondent has compounded the offence allegedly committed by
the petitioners. If legally permissible, the composition can be
accepted and the proceedings can be brought to premature
termination.
4. But the offence under Section 498 A I.P.C is not legally
compoundable. Counsel in these circumstances rightly place
reliance on the decision in B.S.Joshy v. State of Haryana [A.I.R
Crl.M.C. No.2555 of 2008 3
(2003) SC 1386]. That decision is authority for the proposition
that the powers under Section 482 Cr.P.C are wide and sweeping
and can be pressed into service when the interests of justice so
demand. The interests of justice, it is held, may at times
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 powers of the Court under Section 482 Cr.P.C.
5. I am satisfied that this is an eminently fit case where
the jurisdiction under Section 482 Cr.P.C as enabled by the said
dictum can be invoked and the proceedings can be brought to
premature termination.
6. In the result:
i) This Crl.M.C is, allowed;
ii) Crime No.335 of 2008 of Viyyoor Police Station
registered under Section 498 A I.P.C against the petitioners and
all action in furtherance of the same is hereby quashed.
(R.BASANT, JUDGE)
rtr/-