IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 1972 of 2010()
1. SHAJAHAN, S/O.PAREETHKUNJU
... Petitioner
2. HAMSATH W/O. PAREETHKUNJU
3. SEENATH, D/O.PAREETHKUNJU
Vs
1. SAJEENA
... Respondent
2. STATE OF KERALA,
For Petitioner :SRI.K.S.MANU (PUNUKKONNOOR)
For Respondent :SRI.M.SURESH KUMAR
The Hon'ble MR. Justice V.RAMKUMAR
Dated :07/06/2010
O R D E R
V. RAMKUMAR, J.
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Crl.M.C.No.1972 of 2010
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Dated:07.06.2010
ORDER
Petitioners are the accused in C.C. No.No.1258 of 2010 on
the file of the J.F.C.M-II, Kollam for offences punishable under Sec.
498A read with 34 I.P.C.
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.1258 of 2009 pending before the Judicial First Class
Magistrate Court-II, Kollam shall stand quashed.
V. RAMKUMAR,
(JUDGE).
sj