IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 3862 of 2008()
1. NOUSHAD.T., AGED 24, S/O.YOUSAF,
... Petitioner
2. RASEENA, AGED 40, W/O.YOUSAF,
Vs
1. T.H.ABOOBACKER, AGED 65,
... Respondent
2. ZEENATH, AGED 22, D/O.T.H.ABOOBACKER,
3. STATE OF KERALA, REPRESENTED BY
For Petitioner :SRI.V.M.SAJAN
For Respondent :SRI.P.SHAIJAN JOSEPH
The Hon'ble MR. Justice R.BASANT
Dated :23/10/2008
O R D E R
R. BASANT, J.
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Crl.M.C. No. 3862 of 2008
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Dated this the 23rd day of October, 2008
ORDER
The petitioners face indictment in a prosecution for
offences punishable, inter alia, under Secs.498A and 308 IPC.
The allegations of matrimonial cruelty are raised against the
petitioners who are the husband and mother-in-law of the 2nd
respondent/victim. She is said to be deaf and dumb. It is her
father – the 1st respondent who had initiated the proceedings
on her behalf. After completing the investigation, final report
has been filed. Cognizance has been taken. Committal
proceedings has been registered. The proceedings are
pending before the learned Judicial Magistrate of the First
Class-II, Aluva.
2. At this stage, the petitioners and respondents 1 and 2
duly represented by their counsel have come before this Court
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with a prayer that the powers under Sec.482 Cr.P.C. as enabled
by the dictum in B.S. Joshy v. State of Haryana (AIR 2003 SC
1386); Madhan Mohan Abbot v. State of Punjab (2008 AIR
SCW 2287) and Nikhil Merchant v. C.B.I. (2008 (3) KLT 769
(SC)) may be invoked to prematurely terminate the proceedings
against the petitioners. Respondents 1 and 2 have entered
appearance through counsel. They have filed an affidavit to
confirm that the disputes have been settled and all the offences
have been compounded by them.
3. Notice was given to the learned Public Prosecutor. The
learned Public Prosecutor does not also oppose the application.
There is an allegation under Sec.308 IPC and in the light of the
that, the learned Public Prosecutor was requested to enlighten
this Court as to whether any serious injury has been suffered by
the victim. It is conceded that no serious injury has been
suffered by the victim.
4. Basically and essentially it is a matrimonial dispute.
The parties have settled their disputes. Divorce has already
been effected, it is submitted. The dispute is purely private and
personal between the parties. I am persuaded to agree that this
is an eminently fit case where the extraordinary inherent
jurisdiction under Sec.482 Cr.P.C. as enabled by the dictum in
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the three cases referred above can safely be invoked and
premature termination of the proceedings can be brought about.
5. In the result:
(a) This Crl.M.C. is allowed.
(b) C.P.No.47/08 pending before the learned Judicial First
Class Magistrate-II, Aluva, against the petitioners herein under
is hereby quashed.
Sd/-
(R. BASANT, JUDGE)
Nan/
//true copy//
P.S. to Judge
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