High Court of KeralaSingle JudgePetition allowed; proceedings quashed; magistra...

Karthik KS and others v. Risha P.R. and State of Kerala

Case / Petition Number:Crl.M.C.No.3336 of 2008

Case Details & Bench

Court
High Court of Kerala
Hon'ble Judges
  • R. Basant
Judgment Date
2008-09-02
Court Decision / Holding
a) This petition is allowed. b) CC No.132/2001, pending before the Chief Judicial Magistrate, Thrissur, and all further proceedings in pursuance thereof are quashed. c) Any proceedings under Section 446 Cr.P.C, if pending against the petitioners or their sureties, shall be disposed of by the learned Magistrate in accordance with law.
Final Disposition
Petition allowed; proceedings quashed; magistrate to dispose of any related 446 Cr.P.C proceedings in accordance with law.

Parties to the Case

Appellants / Petitioners

  • Karthik KS
  • Sukumaran K.A.
  • Nalini Sukumaran
  • Sajini Ashokan

Respondents

  • Risha P.R.
  • State of Kerala

Legal Representation & Advocates

Counsels for Petitioners

  • • Adv. Subal J. Paul

Counsels for Respondents

  • • Adv. Smt. C.S. Sheeja (for R1 Public Prosecutor)
  • • Sri. Gikku Jacob (Public Prosecutor)

Case Synopsis & Summary

This is a Kerala High Court criminal miscellaneous case (Crl.M.C. No. 3336 of 2008) arising from a prosecution for offences under Section 498A IPC registered as CC 132/2001 before the Chief Judicial Magistrate, Thrissur. Cognizance had already been taken on a final police report and the matter stood in calendar. The petitioners (husband and in-laws/sister-in-law) and the first respondent (de facto complainant) have settled their disputes, with the first respondent agreeing to a compromise and divorce under Section 13B Hindu Marriage Act via a joint compromise petition signed by all parties. The petition contends that, since the disputes are resolved, the criminal proceedings should be terminated, invoking the extraordinary inherent jurisdiction under Section 482 Cr.P.C. and quashing the case. The respondents’ counsel acknowledges the settlement but stresses the legal position that 498A offences are not ordinarily compoundable under Section 320 Cr.P.C. The court, relying on the Supreme Court’s decision in B.S. Joshi v. State of Haryana, holds that the interests of justice may transcend ordinary law, and that the inherent powers under Section 482 Cr.P.C. can be invoked to terminate the proceedings where there is a settled dispute and the continuation would be unjust. The court ultimately allows the Crl.M.C., quashes CC 132/2001, and directs any related 446 Cr.P.C proceedings to be disposed of by the Magistrate in due course.

Provisions of Law Cited

Section 498A IPCSection 320 Cr.P.CSection 482 Cr.P.CSection 13B Hindu Marriage ActSection 446 Cr.P.C

Legal Doctrines & Maxims

  • Interests of justice may transcend the interests of mere law (B.S. Joshi v. State of Haryana)
  • Inherent jurisdiction under Section 482 Cr.P.C can and ought to be invoked to quash proceedings in appropriate cases
  • Not legally compoundable under Section 320 Cr.P.C for offences under 498A, except as allowed by the inherent jurisdiction under 482 Cr.P.C

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioners submitted that the disputes between the parties have been amicably settled with a joint compromise petition and that the first respondent has compounded the offence. They argued that divorce is to be effected under Section 13B of the Hindu Marriage Act, and that the settled compromise justifies invoking the inherent powers under Section 482 Cr.P.C to terminate proceedings prematurely in the interests of justice, citing B.S. Joshi as authority.

Contentions of Respondents

The respondents, while acknowledging the settlement, contended that 498A offences are not compoundable under Section 320 Cr.P.C. They relied on the general rule that compounding offences under 498A is not permissible, and that the court should adhere to the statutory framework unless exceptional grounds under 482 Cr.P.C are clearly demonstrated.

Cited Precedents (1)

Case NameCitationTreatmentExplanation
B.S. Joshi v. State of HaryanaAIR 2003 SC 1386PositiveCited as authority for the proposition that the extraordinary inherent jurisdiction under Section 482 Cr.P.C may be invoked to quash proceedings despite Section 320 Cr.P.C; supports the court’s power to terminate proceedings in the interests of justice.

Diagnostic Tool

Beta

Does this judgment govern your specific facts?

Don't risk relying on a distinguishable precedent. Enter your facts or proposition below. We will test it against Karthik KS and others v. Risha P.R. and State of Kerala and instantly map out authorities that support, challenge, or govern your position.

Extracted Judgment Text

Exact text extracted from official judgment records.

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 2ND SEPTEMBER 2008 / 11TH BHADRA 1930 Crl.MC.No. 3336 of 2008() ------------------------CC.132/2001 of CHIEF JUDICIAL MAGISTRATE COURT, THRISSUR .................... PETITIONERS: ------------ 1. KARTHIK KS (43) WII/247, THEVAR MADAM ROAD, CHOWANNUR, KUNNAMKULAM, THRISSUR, KERALA - 680 503 NOW RESIDING AT: RA-209, PURVA RIVIERA, MUNNEKOLELA AIRPORT WHITEFIELD ROAD, BANGALORE - 560 037.. 2. SUKUMARAN.K.A. -- DO -- 3. NALINI SUKUMARAN -- DO -- 4. SAJINI ASHOKAN, KANDAMPULLY, CHIRACKAL, DESOM, KUNNMKULAM, THRISSUR. BY ADV. SRI.SUBAL J.PAUL RESPONDENTS: ------------- 1. RISHA P.R. (38) D/O.PAMBUNGAL RAGHAVAN NIRANJANA, PAMBUNGAL HOUSE, MUNDUR, THRISSUR KERALA NOW RESIDING AT: FLAT C402, ANJOR BEHIND GANRAJ MANGAL KARYALAY BANER, PUNE - 45. 2. STATE OF KERALA, REP. BY P.P, HIGH COURT OF KERALA, ERNAKULAM. BY ADV. SMT.C.S.SHEEJA FOR R1 PUBLIC PROSECUTOR SRI.GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 02/09/2008 THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ## **R.BASANT, J.** **----------------------** Crl.M.C.No.3336 of 2008 ---------------------------------------Dated this the 2[nd] day of September 2008 ## **O R D E R** The petitioners face indictment in a prosecution for the offence punishable under Section 498A I.P.C. Cognizance has been taken by the learned Magistrate on the basis of a final report submitted by the police after due investigation. Calender case has been registered. At this stage, the petitioners and the de facto complainant have settled their disputes. All outstanding disputes which were pending before various courts have now been settled. The first respondent/de facto complainant has compounded the offence allegedly committed by the petitioners herein who are her husband, parents-in-law and sister-in-law respectively. 2. The petitioners and the first respondent have entered appearance through counsel. It is submitted by the learned counsel for the petitioners that the parties have settled their disputes. Divorce has already been agreed to be effected on the basis of a joint application under Section 13B of the Hindu Marriage Act. All the petitioners as well as the first respondent have signed the joint compromise petition. Crl.M.C.No.3336/08 2 3. I am satisfied from the submissions made at the Bar and the joint statement filed by the rival contestants duly countersigned by their respective counsel that the disputes have been settled and the first respondent has compounded the offence allegedly committed by the petitioners. If legally permissible, I am satisfied that the composition can be accepted and premature termination of the proceedings can be brought about. But the offence under Section 498A I.P.C is not legally compoundable under Section 320 Cr.P.C. The learned counsel for the contestants, in these circumstances, rightly rely on the decision of the Supreme Court in **B.S.Joshi vs. State of Haryana [AIR 2003 SC 1386]** . That decision is authority for the proposition that the interests of justice may, at times, transcend the interests of mere law and in such circumstances, the stipulations of Section 320 Cr.P.C cannot be held to fetter the sweep, width and amplitude of the extraordinary inherent jurisdiction under Section 482 Cr.P.C. I am satisfied that this is an eminently fit case where the powers under Section 482 Cr.P.C, as explained in the dictum in **B.S.Joshi** (Supra) can and ought to be invoked and proceedings initiated against the petitioners brought to premature termination. Crl.M.C.No.3336/08 3 4. In the result, a) This petition is allowed. b) C.C No.132/2001 pending before the learned Chief Judicial Magistrate, Thrissur and all further proceedings taken in pursuance of the same is hereby quashed. c) Needless to say, the proceedings under Section 446 Cr.P.C, if any, pending against the petitioners or their sureties shall be disposed of by the learned Magistrate, in accordance with law. ## **(R.BASANT, JUDGE)** jsr Crl.M.C.No.3336/08 4 Crl.M.C.No.3336/08 5 ## **R.BASANT, J.** CRL.M.C.No. of 2008 ORDER 09/07/2008