IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 3249 of 2010()
1. MANOJ KUMAR, AGED 38 YEARS,
... Petitioner
2. CHANDRAMATHI, AGED 60 YEARS,
Vs
1. BINDHU BHAI, D/O.BALAKRISHNAN,
... Respondent
2. SUB INSPECTOR OF POLICE,
3. STATE OF KERALA,
For Petitioner :SRI.M.R.DHANIL
For Respondent :SRI.JOBY JOSEPH (THRISSUR)
The Hon'ble MR. Justice V.RAMKUMAR
Dated :13/08/2010
O R D E R
V. RAMKUMAR, J.
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Crl.M.C.No.3249 of 2010
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Dated: 13.08.2010
ORDER
Petitioners, who are the accused in C.C. No.792/2009 on the
file of the J.F.C.M-I, Chavakkad, for an offence punishable under
Sec. 498A I.P.C, seek to quash the proceedings against them on
the ground that the marital partners have subsequently settled
their disputes.
2. In the light of the subsequent settlement of the dispute
between the marital partners, the petitioners have 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.792/2009 pending before the Judicial First Class Magistrate
Court-I, Chavakkad shall stand quashed.
V. RAMKUMAR,
(JUDGE).
sj