High Court Kerala High Court

Vijaya Raghavan vs Bindu on 27 May, 2008

Kerala High Court
Vijaya Raghavan vs Bindu on 27 May, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.MC.No. 1431 of 2008()


1. VIJAYA RAGHAVAN, S/O.PERAVAKUTTY,
                      ...  Petitioner

                        Vs



1. BINDU, D/O.KUNJIRAMAN, ANJALI,
                       ...       Respondent

2. STATE OF KERALA THROUGH THE

                For Petitioner  :SRI.SUNNY MATHEW

                For Respondent  :SRI.SAKIR.K.H.

The Hon'ble MR. Justice R.BASANT

 Dated :27/05/2008

 O R D E R
                            R. BASANT, J.
               -----------------------------------------------
                    Crl.M.C. No. 1431 OF 2008
               -----------------------------------------------
               Dated this the 27th day of May, 2008

                               O R D E R

The petitioner is the first accused in a prosecution for

offences punishable inter alia under Section 498 A IPC. The other

accused have already been tried, found not guilty and acquitted.

Petitioner is the husband of the defacto complainant who is

arrayed as the 1st respondent. The petitioner and the first

respondent have now come before this Court with a request that

the prosecution against the petitioner which is now pending in CC

No.540/2007 may be quashed accepting the composition of the

offences and settlement of the disputes between them.

2. The petitioner and the first respondent have appeared

through counsel. They have filed a compounding petition to report

composition. Though the offences are not compoundable, I am

satisfied that following the dictum in B.S.Joshi Vs. State of

Haryana [AIR 2003 SC 1386], the prayer to quash the

proceedings may be accepted. The learned Public Prosecutor

does not oppose the said prayer.

Crl.M.C. No. 1431 OF 2008
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3. In the result, this Crl.M.C is allowed and CC No.540/07

pending before the JFCM Court V, Kozhikode is hereby quashed.

R. BASANT, JUDGE
ttb

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