Judgment · High Court · 2009

M.N. KRISHNAN, J.= = = = = = = = = = = = = = CRL.M.C. NO. 539 OF 2009= = = = = = = = = = = = = = = Dated this the 11th day of February, 2009. O R D E RThis petition is filed with a prayer to grant permissionto compound the offence against the 3rd respondent in CrimeNo.977/08 in C.C.685/08 on the file of the Judicial First ClassMagistrate, Kothamangalam and acquit the accused. Thecase against the 3rd respondent is one u/s 498A initiated on acomplaint filed by the petitioner/wife. It is submitted that lotof matrimonial disputes had arisen out of the rift betweenthe husband and wife and due to the intervention of othersall the matrimonial disputes are settled and husband andwife has started living in a peaceful atmosphere andtherefore it is prayed to put an end to the prosecutionlaunched under Section 498A of Cr.P.C. It is true that therecannot be a compounding of offence u/s 498A for the reasonthat it does not come within the relevant provisions ofCr.P.C. The matter has been considered in detail by theApex Court in the decision reported in B.S. Joshi v. State of CRL.M.C. 539 OF 2009-:2:-Haryana (2003 (4) SCC 675) and the Apex Court hadelaborately considered the method in which these types ofmatters have to be dealt with. Relying upon the earlierdecisions the Apex Court held that,“While exercising inherent power ofquashing under Section 482, it is for theHigh Court to take into consideration anyspecial features which appear in a particularcase to consider whether it is expedient andin the interest of justice to permit aprosecution to continue. 2.It also held that, the special features in suchmatrimonial matters are evident and it becomes the duty ofthe Court to encourage genuine settlements of matrimonialdisputes.3.The Apex Court has also cautioned that ahypertechnical view would be counterproductive and wouldact against the interests of women and against the object forwhich this provision was added. 4.Ultimately in the other case the Apex Court heldhat the High Court in exercise of its inherent powers can CRL.M.C. 539 OF 2009-:3:-quash Crl. Proceedings or F.I.R. or a complaint and S.320 ofthe Code does not limit or affects the powers u/s 482 of theCode. 5.Turning to the facts of the present case thehusband and wife had settled all the dispute amongthemselves and they are living under the same roof in acordial atmosphere and therefore it is really necessary to putall the litigations to an end otherwise it will have disastrousconsequences. Therefore in order to meet the ends of justiceI invoke power under Section 482Cr.P.C. and quash thecriminal proceedings initiated against the husband underSection 498A Cr.P.C.M.N. KRISHNAN, JUDGE.ul/-