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SURESH KUMAR, S/O.KRISHNAN NAIR versus STATE OF KERALA REPRESENTED BY ITS

High Court of Kerala

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SURESH KUMAR, S/O.KRISHNAN NAIR v. STATE OF KERALA REPRESENTED BY ITS - Crl MC No. 1218 of 2007 [2007] RD-KL 8953 (29 May 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl MC No. 1218 of 2007()

1. SURESH KUMAR, S/O.KRISHNAN NAIR,
... Petitioner

2. SATHEESH KUMAR, S/O.KRISHNAN NAIR,

3. JAGADAMMA, D/O.BHARATHIAMMA,

4. MOHANAN, S/O.GOVINDA PILLAI,

5. LATHAKUMARI, D/O.JAGADAMMA,

Vs

1. STATE OF KERALA REPRESENTED BY ITS
... Respondent

2. SUNITHA KUMARI, D/O.KRISHNA PILLAI,

For Petitioner :SRI.RAM MOHAN.G.

For Respondent :SMT.JAYALAKSHMI V.MOHAN

The Hon'ble MR. Justice R.BASANT

Dated :29/05/2007

O R D E R

R. BASANT, J.


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Crl.M.C.No. 1218 of 2007
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Dated this the 29th day of May, 2007

O R D E R

The first petitioner is the husband of the second respondent herein, and petitioners 2 to 5 are the relatives of the first petitioner, they being the parents, sister and brother-in-law of the first petitioner. The second respondent had filed a private complaint alleging commission of the offence under Section 498A I.P.C. The same was forwarded to the police under Section 156(3) Cr.P.C. Cognizance was taken on the basis of the final report filed by the police after due investigation. The matter is pending before the learned Magistrate as C.C. 54 of 2005.

2. The petitioners and the second respondent, who has now entered appearance through counsel, submitted before Court that all the disputes between the parties have been settled amicably and that the second respondent does not now want to prosecute the matter, the matter having been settled and the offence having been compounded by the second respondent. The averments in the petition show, the affidavit filed by the second respondent confirms and the Crl.M.C.No. 1218 of 2007 2 submissions made by the counsel for the rival contestants also confirm that there has been a harmonious settlement of the disputes between the parties.

3. The learned counsel for the second respondent vouches that the matter has been settled between the parties. I am satisfied that the matter has been settled voluntarily and amicably by the parties and the second respondent has compounded the offence allegedly committed by the petitioners. In these circumstances, I am satisfied that, if legally permissible, the composition can be accepted.

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 a fit case where the composition can be accepted and the proceedings brought to premature termination on the basis of such settlement effected. Crl.M.C.No. 1218 of 2007 3

5. This Crl.M.C. is hence allowed. C.C. No. 54 of 2005 pending before the Judicial First Class Magistrate-III, Trivandrum, against all the petitioners/accused 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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