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NASEER, AGED 27 YEARS, S/O.HUSSAIN versus STATE OF KERALA

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NASEER, AGED 27 YEARS, S/O.HUSSAIN v. STATE OF KERALA - Crl MC No. 2417 of 2007 [2007] RD-KL 14472 (30 July 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl MC No. 2417 of 2007()

1. NASEER, AGED 27 YEARS, S/O.HUSSAIN,
... Petitioner

2. NASEEMA, AGED 45 YEARS, W/O.HUSSAIN,

Vs

1. STATE OF KERALA,
... Respondent

2. FOUSYA, AGED 23 YEARS, W/O.NASEER,

For Petitioner :SRI.PEEYUS A.KOTTAM

For Respondent :SRI.NAVEEN THOMAS

The Hon'ble MR. Justice R.BASANT

Dated :30/07/2007

O R D E R

R. BASANT, J.


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Crl.M.C.No. 2417 of 2007
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Dated this the 30th day of July, 2007

O R D E R

The petitioners face indictment in a prosecution under Section 498A I.P.C. Cognizance has been taken on the basis of a complaint filed by the second respondent/defacto complainant. The first petitioner is the husband and second petitioner is the mother-in-law of the defacto complainant. Final report has been filed. The matter is pending before the learned Magistrate as C.C.1920 of 2004. Pending the proceedings, it is submitted, that the petitioners have settled their disputes with the defacto complainant. The defacto complainant has compounded the offences allegedly committed by the petitioners. The first petitioner and the second respondent had resumed cohabitation. The second respondent is now pregnant also, it is submitted.

2. The second respondent has entered appearance through counsel and the parties have filed a joint statement duly counter signed by their counsel to satisfy the court that the matter has been settled and the second respondent has compounded the offences allegedly committed by the petitioners. Crl.M.C.No. 2417 of 2007 2

3. I am satisfied from the submissions made at the Bar, from the averments in the Crl.M.C. and from the joint statement filed that the parties have settled their disputes and the defacto complainant has compounded the offences allegedly committed by the petitioners. If legally permissible, I am satisfied that the composition can be accepted and proceedings can be brought to premature termination.

4. The offence under Section 498A I.P.C. is not legally compoundable and the composition cannot be accepted under Section 320 Cr.P.C. But the learned counsel for the petitioners relies on the decision in B.S. Joshi v. State of Haryana (AIR 2003 SC 1386). The said decision is authority for the proposition that at times the interests of justice may 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 sweeping powers of the Court under Section 482 Cr.P.C. to act in aid of justice. I am satisfied that this is an eminently fit case where the powers under Section 482 Cr.P.C. with the help of the dictum in B.S. Joshi can be invoked and the proceedings against the petitioners brought to premature termination. Crl.M.C.No. 2417 of 2007 3

5. This Crl.M.C. is hence allowed. C.C. No. 1920 of 2004, pending before the Judicial First Class Magistrate-II, Kochi against the petitioners is hereby quashed. (R. BASANT) Judge tm


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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