IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 1741 of 2010()
1. SAJAD, S/O. AHAMADALI, AGED 43,
... Petitioner
Vs
1. THE STATE OF KERALA, REPRESENTED BY THE
... Respondent
2. SAFEELA, W/O. SAJAD, AGED 30, KUNNIL
For Petitioner :SRI.SHAJIN S.HAMEED
For Respondent :SRI.K.K.DHEERENDRAKRISHNAN
The Hon'ble MR. Justice V.RAMKUMAR
Dated :21/05/2010
O R D E R
V. RAMKUMAR, J.
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Crl.M.C.No.1741 of 2010
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Dated:21.05.2010
ORDER
Petitioner, who is the husband, of the de facto complainant is
the accused in C.C. No.71 of 2005 on the file of the J.F.C.M.-II,
Nedumangad for an offence punishable under Sec. 498A I.P.C.
2. In the light of the subsequent settlement of the dispute
between the marital partners, the petitioner has approached this
Court 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. 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 a premature termination of the prosecution.
Accordingly, this Criminal Miscellaneous Case is allowed.
L.P.No.25 of 2007 in C.C.No.71 of 2005 pending before the Judicial
First Class Magistrate Court-II, Nedumangad shall stand quashed.
V. RAMKUMAR,
(JUDGE).
sj