High Court Kerala High Court

Rajini N.T. vs Sasi Kumar P.V. on 2 May, 2008

Kerala High Court
Rajini N.T. vs Sasi Kumar P.V. on 2 May, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.MC.No. 1789 of 2008()


1. RAJINI N.T., AGED 36 YEARS,
                      ...  Petitioner

                        Vs



1. SASI KUMAR P.V., AGED 39 YEARS,
                       ...       Respondent

2. SAJITHA, W/O.SASI KUMAR P.V.,

3. STATE OF KERALA, REPRESENTED BY

                For Petitioner  :SRI.ANTONY V. PAUL

                For Respondent  :SRI.ELDHO PAUL

The Hon'ble MR. Justice R.BASANT

 Dated :02/05/2008

 O R D E R
                                R.BASANT, J
                        ------------------------------------
                       Crl.M.C.No.1789 of 2008
                        -------------------------------------
                 Dated this the 2nd day of May, 2008

                                    ORDER

Petitioner is the defacto complainant in a prosecution under

Section 498 A I.P.C. Respondents 1 and 2 are the accused. They are

the brother of her deceased husband and his wife. The matter has

been settled between the parties. C.C.No.578 of 2007 is pending in

the matter. The learned counsel for the petitioner submits that the

defacto complainant has settled all the disputes and she is about to get

remarried. In these circumstances it is prayed that prosecution against

respondents 1 and 2 may be quashed accepting the composition and

invoking the jurisdiction available to this Court under the decision in

B.S.Joshy v. State of Haryana [A.I.R (2003) SC 1386].

2. Respondents 1 and 2 have entered appearance through

counsel. The learned Public Prosecutor appears for the 3rd respondent.

All parties agree that the prosecution can now be quashed invoking the

extraordinary inherent jurisdiction available to this Court under Section

482 Cr.P.C. I am satisfied that the prayer can be allowed.

3. In the result, this Crl.M.C is allowed. C.C.No.578 of 2007

pending before the Judicial Magistrate of the First Class-II, Aluva

against respondents 1 and 2 is hereby quashed.

Sd/-

(R.BASANT, JUDGE)
rtr/-

/true copy/
P.A to Judge