IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 1893 of 2010()
1. AKBARALI @ C.ABKAR & OTHERS
... Petitioner
Vs
1. STATE OF KERALA & ANOTHER
... Respondent
For Petitioner :SMT.T.SUDHAMANI
For Respondent :SMT.BINDU GEORGE
The Hon'ble MR. Justice V.RAMKUMAR
Dated :01/06/2010
O R D E R
V.RAMKUMAR, J.
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Crl.M.C.No.1893 of 2010
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Dated this the 1st day of June, 2010
ORDER
Petitioners, who are the accused Nos.1 and 2 in Crime
No.199/09 of Chandera Police Station for an offence punishable
under Sec. 498(A) read with Section 34 I.P.C.
2. In the light of the subsequent settlement of the
dispute between the marital parties, the petitioner has
approached this Court by invoking the powers under Section
482 Cr.P.C. Having regard to the resolution of the disputes
between the marital parties, 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 premature termination of the
prosecution.
Accordingly, this Criminal Miscellaneous Case is allowed.
C.C.No.1058/2009 pending before the Judicial First Class
Magistrate Court-I, Hosdurg shall stand quashed.
V.RAMKUMAR, JUDGE
skj