IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl MC No. 4066 of 2006()
1. DWDEEYA LAL, (WRONGLY SHOWN AS
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY THE
... Respondent
2. MANJUJA, D/O.VASANTHAKUMARI,
For Petitioner :SRI.M.R.RAJESH
For Respondent :SMT.A.K.PREETHA
The Hon'ble MR. Justice R.BASANT
Dated :03/01/2007
O R D E R
R. BASANT, J.
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CRL.M.C.NO. 4066 OF 2006
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Dated this the 3rd day of January, 2007
ORDER
The petitioner is the sole accused in a prosecution under
Sec.498A of the IPC pending before the Judicial Magistrate of
the First Class-II, Kottarakkara, as C.C.No.1044/05. The said
proceedings has been initiated on the basis of a complaint of
the 2nd respondent – his wife that he was guilty of matrimonial
cruelty against her.
2. The 2nd respondent/complainant has entered
appearance through counsel. The learned counsel for the 2nd
respondent as well as the learned Public Prosecutor submit
that the matter has been settled between the parties and the
petitioner and the 2nd respondent are residing together
harmoniously now. In these circumstances, it is submitted
that the continuance of the prosecution has become
meaningless and an unnecessary irritant in their relationship.
It is, in these circumstances, prayed that the prosecution
against the petitioner may be quashed. The petitioner, the 2nd
respondent and the learned Public Prosecutor all endorse
CRL.M.C.NO. 4066 OF 2006 -: 2 :-
the same request. The decision in B.S. Joshy v. State of
Haryana (AIR 2003 SC 1386) clearly shows that even in cases
where the offences are non-compoundable, the powers under
Sec.482 of the Cr.P.C. can be invoked in an appropriate case to
save the spouses of the unnecessary ordeal of continuing the
prosecution. I am satisfied that this is a fit case where, in the
interests of justice, the powers under Sec.482 of the Cr.P.C. can
be invoked as requested commonly by all concerned.
3. In the result:
(i) This Crl.M.C. is allowed.
(ii) C.C.No.1044/05 pending before the Judicial Magistrate
of the First Class-II, Kottarakkara, under Sec.498A of the IPC
against the petitioner is hereby quashed.
Sd/-
(R. BASANT, JUDGE)
Nan/
//true copy//
P.S. to Judge