JOBY JOSEPH Vs. STATE OF KERALA

JUDGEMENT

(1.) IN this petition under Sec.482 of the Cr.P.C. the crux of the submission is that the matter is settled between the parties. The offence alleged is under Sec.392 of the IPC. The composition of a non-compoundable offence cannot by itself justify the prayer for quashing of the proceedings under Sec.482 of the Cr.P.C. Of course, it is true that in B.S. Joshy v. State of Haryana (AIR 2003 SC 1386) the Supreme Court has held that the provisions of Sec.320 of the Cr.P.C. do not fetter the inherent powers vested in this Court under Sec.482 of the Cr.P.C. That was an exceptional case where in the interests of matrimonial harmony the Supreme Court held that such jurisdiction can be invoked. The interests of justice can at times transcend interests of mere law and that is the rationale in the dictum in B.S. Joshy v. State of Haryana (AIR 2003 SC 1386) I am not persuaded to agree that any such circumstance exists in this case. The petitioner must resort to the ordinary and normal procedure of appearing before the learned Magistrate for discharge or pray for composition, if the charges are framed for compoundable offences only.

(2.) WITH the above observations, this Crl.M.C. is dismissed.