IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 2918 of 2010()
1. RAFEEQ, AGED 35 YEARS,S/O.YOUSAF,
... Petitioner
2. FATHIMA, AGED 46 YEARS, W/O.YOUSAF,
3. SAFIYA,66 YEARS,W/O.LATE V.AMOHAMMED.
4. SABITHA,29 YEARS,D/O.YOUSAF,
5. SAJEENATH, 26 YEARS,W/O.SAWAD,
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
2. SADIDA P.V.,AGED 21 YEARS, D/O.BASHEER
For Petitioner :SRI.BIMAL PRASAD
For Respondent :SRI.MANSOOR.B.H.
The Hon'ble MR. Justice V.RAMKUMAR
Dated :10/08/2010
O R D E R
V. RAMKUMAR, J.
...........................................
Crl.M.C.No. 2918 of 2010
..........................................
Dated: 10th August, 2010
ORDER
Petitioners, who are accused Nos. 1 to 5 in C.C. No. 636 of
2009 on the file of the J.F.C.M. I, Kochi for an offence punishable
under Sec. 498A I.P.C, seek to quash the proceedings against
them on the ground that the marital partners have subsequently
settled their disputes.
2. In the light of the subsequent settlement of the dispute
between the marital partners, the petitioners have approached
this Court by invoking the powers under Section 482 Cr.P.C.
Having regard to the resolution of the disputes between the
marital partners, continuance of the criminal prosecution against
the petitioners is an avoidable irritant.
3. Eventhough the offence under Section 498 A I.P.C. is
not compoundable, in the light of the decision of the Apex Court
in B.S. Joshi v. State of Haryana (AIR 2003 SC 1386), the powers
under Section 482 Cr.P.C. can be invoked by this Court to bring
about a premature termination of the prosecution.
Accordingly, this Criminal Miscellaneous Case is allowed
C.C. No. 636 of 2009 pending before the Judicial First Class
Magistrate Court, I, Kochi, shall stand quashed
/true copy/ Sd/-V. RAMKUMAR,
(JUDGE).
ani/ P.S. to judge