IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 1731 of 2010(U)
1. FAISAL.K.V, S/O.ABBAS HAJI,
... Petitioner
Vs
1. STATE OF KERALA REPRESENTED BY
... Respondent
2. SAINABATH SHEFEENA.H,
For Petitioner :SRI.SURESH KUMAR KODOTH
For Respondent : No Appearance
The Hon'ble MR. Justice V.RAMKUMAR
Dated :24/05/2010
O R D E R
V. RAMKUMAR, J.
= = = = = = = = = = = = = = = = = =
Crl.M.C.No.1731 of 2010
= = = = = = = = = = = = = = = = ==
Dated: 24.05.2010
ORDER
Petitioner, who is the husband, of the de facto complainant is
the 2nd accused in C.C. No.651 of 2009 on the file of the J.F.C.M- II,
Hosdurg 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.
C.C.No.651 of 2009 pending before the Judicial First Class
Magistrate Court-II, Hosdurg, shall stand quashed.
V. RAMKUMAR,
(JUDGE).
sj