IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl MC No. 1299 of 2008()
1. ALAVI, S/O.AHAMMED (LATE)
... Petitioner
2. UMMER, S/O.KUNHALI
3. ANEESA, D/O.KUTTOOSA M.P., PONMALA
Vs
1. THE STATE OF KERALA, REPRESENTED BY
... Respondent
For Petitioner :SRI.BABU S. NAIR
For Respondent : No Appearance
The Hon'ble MR. Justice V.RAMKUMAR
Dated :26/03/2008
O R D E R
V.RAMKUMAR, J.
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Crl.M.C.No. 1299 of 2008
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Dated this the 26th day of March, 2008
O R D E R
Petitioners 1 and 2 are accused Nos.1 and 2 in Crime
No.599/2004 and the said case is pending as C.C.No.559 of 2007 on the
file of J.F.C.M, Malappuram for an offence punishable under Section
498A IPC. 3rd petitioner is the de facto complainant.
2. In light of the subsequent settlement of the dispute between
the marital partners, the petitioners have approached this Court for
quashing the said proceedings 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 1st
and 2nd petitioners is an avoidable irritant.
3. Even though the offence under Section 498A I.P.C is not
compoundable, in the light of the decision of the Apex Court in
B.S.Joshi vs. 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 and
C.C.No.559/2007 pending before the J.F.C.M, Malappuram, shall stand
quashed.
(V.RAMKUMAR, JUDGE)
sj
Crl.M.C.No./07 2
Crl.M.C.No./07 3