High Court Kerala High Court

Reji vs State Of Kerala on 4 June, 2010

Kerala High Court
Reji vs State Of Kerala on 4 June, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.MC.No. 1771 of 2010()


1. REJI, AGED 30 YEARS,
                      ...  Petitioner
2. BALAKRISHNAN, AGED 60 YEARS,
3. PRASANNA KUMARY, AGED 50 YEARS,

                        Vs



1. STATE OF KERALA,
                       ...       Respondent

2. NAYANA.C.S, AGED 24 YEARS,

                For Petitioner  :SMT.S.L.SYLAJA

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice V.RAMKUMAR

 Dated :04/06/2010

 O R D E R
                     V. RAMKUMAR, J.
                    = = = = = = = = = =
                 Crl.M.C.No.1771 of 2010
                   = = = = = = = = = ==
               Dated: 4th day of June, 2010

                           ORDER

Petitioners, who are accused Nos.1 to 3 in Crime

No.659/2009 of Pooyappally Police Station for an offence

punishable under Sec. 498A I.P.C, seek to quash the

proceedings.

2. In the light of the subsequent settlement of the

dispute between the marital parties, 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 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.

Crl.M.C.No.1771 of 2010
2

Accordingly, this Criminal Miscellaneous Case is

allowed. Annexure A1 Crime No.659/2009 of Pooyappally

Police Station shall stand quashed.

V. RAMKUMAR,
(JUDGE).

dmb