BIJUKUMAR Vs. STATE OF KERALA

JUDGEMENT

(1.) The Revision Petitioner herein is the unsuccessful appellant in Crl. Appeal No. 628/2005 on the files of Additional Sessions Court-I, Kollam. The Criminal Revision Petition has been filed challenging the order of conviction and sentence passed by the Judicial First Class Magistrate Court-I, Kottarakkara in CC No. 627/2002 as confirmed and modified by the Court of the 1st Additional Sessions Judge. Kollam in Crl. A. No. 628/2005 dated 28/03/2008. By the impugned judgment under challenge, the conviction entered against the Revision Petitioner under Section 498A IPC and sentence imposed on the Revision Petitioner to undergo simple imprisonment for six months and to pay a fine of Rs. 5,000/- with default sentence of one month stands confirmed. Now this Crl. MA 1066/2013 is filed by the Revision Petitioner along with the additional 2nd respondent who is the de facto complainant in the petition under Sections 320 and 482 of the Code of Criminal Procedure. It is stated that the matter had been settles between the Revision Petitioner and de facto complainant/additional 2nd respondent in CMP No. 92/08 in MC No. 67/05 before the Family Court, Kottarakkara on 24/11/2009. The petition for divorce under Section 13B of the Hindu Marriage Act was also allowed as per the order passed in OP (HMA) No. 1021/09 dated 08/01/2010 by the Family Court, Kottarakkara. The order passed in CMP No. 92/2008 in MC No. 67/2005 and OP (HMA) No. 1021/09 are produced and marked as Annexures-A1 and A2 respectively. Presently, the de facto complainant has no complaint against the Revision Petitioner and has no subsisting grievance. In the above circumstances, it is highly necessary to file an application jointly by the petitioner and the de facto complainant for compounding the offence with leave of this Court, in view of the Law declared by the Apex Court. They jointly prayed for compounding the offence and setting aside the conviction and sentence entered against the Revision Petitioner invoking power under 482 Cr. P.C.

(2.) The offence under Section 498A of the Indian Penal Code is not a compoundable offence. The question to be considered is whether in view of the petition filed by the Revision Petitioner and de facto complainant, a non-compoundable offence can be compounded or not invoking power under 482 Cr. P.C. The learned counsel for the Revision Petitioner cited Gian Singh v. State of Punjab,2012 KHC 4530 and Thankamma v. State of Kerala,2006 KHC 866 . Going by the Thankamma v. State of Kerala, 2006 3 KerLT 846 , it could be seen that the Division Bench of this Court under a reference held that in appropriate cases the Court could exercise its inherent powers under Section 482 to set aside conviction entered and sentence imposed under non-compoundable offence to secure the ends of Justice on the request of both offender and victim. In Gian Singh's case , the Bench of the Supreme Court comprising of three Judges held that it is within the powers of the Court under Section 482 Cr. P.C. to quash criminal proceedings involving non-compoundable offences on the basis of compromise reached between the offender and the victim, if it is for the interest of the justice. The Court further held that "if they continues the criminal proceedings that would tantamount to abuse of process of law despite settlement and compromise between the victim and wrongdoer and whether to secure the ends of Justice, it is appropriate that criminal case is put to an end."

(3.) In view of the proposition laid down by this Court and upheld by the Supreme Court, I am of the view that offence under 498A, though it is a non-compoundable offence, can be quashed invoking inherent power of this Court, under Section 482 CrPC. The learned counsel for the 2nd respondent also submits that the averments in the petition are true and correct and the entire matter is settled and the de facto complainant is not interested to prosecute the Revision Petitioner further. Therefore, on satisfaction of the averments contained in the petition signed by both parties and counter signed by respective counsel, I hereby quash the conviction entered and sentence imposed on the Revision Petitioner by the judgment passed in CC No. 627/2002 of Judicial First Class Magistrate Court-I, Kottarakkara and confirmed in Crl. A. No. 628/2005 of the 1st Additional Sessions Court, Kollam.