BINU THOMAS Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioners face indictment in a prosecution under Section 498A read with 34 I.P.C. They are the husband and the mother-in-law of the second respondent/defacto complainant. Proceedings were initiated against the petitioners on the basis of a complaint filed by the second respondent. Cognizance was taken on the basis of a final report submitted by the police after due investigation. The petitioners submit, and the second respondent who has entered appearance through counsel before this court endorses that submission, that the dispute between the parties have been settled amicably and the second respondent has compounded the offence committed by the petitioners. In these circumstances, the continuance of the prosecution is remaining as an unnecessary irritant in the harmony that has been struck after the commencement of the proceedings. In these circumstances, it is prayed that the powers under Section 482 Cr.P.C may be invoked and the proceedings quashed.

(2.) I am satisfied that the parties have voluntarily settled their disputes and the second respondent has compounded the offence committed by the petitioners. The second respondent has filed an affidavit along with the first petitioner and the learned counsel for the second respondent vouches for the signature of the second respondent in that affidavit. The offence under Section 498A I.P.C is not compoundable. The learned counsel for the rival contestants, in these circumstances, place reliance on the decision in B.S.Joshi vs. State of Haryana [AIR 2003 SC 1386]. The rationale underlying in the decision is that the interest of justice may, at times, transcend the interests of mere law. I am satisfied that this is a fit case where the extraordinary inherent powers under Section 482 Cr.P.C can and ought to be invoked to bring to premature termination the prosecution which has lost its meaning and significance now.

(3.) In the result, this Criminal Miscellaneous Case is allowed. C.C.No.904/2006 pending before the Judicial First Class Magistrate Court-I, Taliparamba is hereby quashed.