IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl MC No. 606 of 2008()
1. AJITHKUMAR, S/O.RAVEENDRAN,
... Petitioner
2. SHANTHAMMA, W/O.RAVEENDRAN,
Vs
1. STATE OF KERALA,
... Respondent
2. RAJIMOL, W/O.AJITH KUMAR,
For Petitioner :SRI.C.V.MANUVILSAN
For Respondent :SRI.R.JAYASIMHAN
The Hon'ble MR. Justice V.RAMKUMAR
Dated :18/02/2008
O R D E R
V.RAMKUMAR, J.
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Crl.M.C.No.606 of 2008
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Dated this the 18th day of February, 2008
O R D E R
The petitioners, who are the husband and mother-in-law of
the de facto complainant, are the accused in C.C.No.236 of 2005.
on the file of J.F.C.M, Alappuzha for an offence punishable under
Section 498A IPC.
2. The learned counsel appearing for the 2nd respondent/de
facto complainant admitted that the disputes has since been
settled between the marital partners. In light of the subsequent
settlement of the dispute between the marital partners, the
petitioners have approached this Court for quashing the said
proceedings 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. Even though the offence under Section 498A I.P.C is not
compoundable, in the light of the decision of the Apex Court in
B.S.Joshi vs. 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
and C.C.No.236 of 2005 pending before the Judicial First Class
Magistrate Court, Alappuzha, shall stand quashed.
(V.RAMKUMAR, JUDGE)
sj
Crl.M.C.No./07 2
Crl.M.C.No./07 3