ANANDA VISHNU Vs. STATE OF KERALA

JUDGEMENT

(1.) B.S.Joshi and Others v. State of Haryana and another [(2003) 4 SCC 675] held that the offence under Sec. 498A can be quashed by the High Court exercising its inherent power under Sec. 482 Cr.P.C (now Sec. 528 of BNSS, 2023), though such offence is not compoundable under Sec. 320. Relying on State of Karnataka v. L. Muniswamy [(1977) 2 SCC 699], a two Judges Bench in B.S. Joshi (Supra) held that ends of justice are higher than ends of mere law, though justice has got to be administered according to laws made by legislature. The fact that there is no reasonable likelihood of conviction, in the wake of settlement between the parties, was taken stock of. The following findings in B.S.Joshi (supra) are relevant and extracted here below:

(2.) The dictum laid down in B.S.Joshi (supra) was doubted along with that laid down in other cases and referred to and considered by a three Judges Bench of the Hon'ble Supreme Court in Gian Singh v. State of Punjab and another [(2012) 10 SCC 303]. B.S.Joshi (supra), along with other cases, were confirmed by the Supreme Court. It is relevant to note that the subject matter in B.S.Joshi (supra) was specifically with reference to the offences under Sec. 498A and 406 of the Indian Penal Code.

(3.) In the facts at hand, petitioners are accused 1 to 3 in Crime No.1581/2023 of Kundara Police Station, Kollam, now pending as C.C.No.1587/2023 before the Judicial First Class Magistrate Court-I, Kollam. As per the final report, the offence alleged is under Sec. 498A of the Indian Penal Code. The petitioners seek quashment of entire proceedings in the above Calendar Case, on the strength of the settlement arrived at by and between the parties.