IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 3265 of 2010()
1. SUBAIR
... Petitioner
2. P.K.AALIKUTTY
3. FATHIMA
Vs
1. HASEENA, D/O.HAMSA HAJI, AGED 22,
... Respondent
2. STATE OF KERALA, REP. BY PUBLIC
For Petitioner :SRI.JACOB SEBASTIAN
For Respondent : No Appearance
The Hon'ble MR. Justice V.RAMKUMAR
Dated :10/08/2010
O R D E R
V. RAMKUMAR, J.
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Crl.M.C.No.3265 of 2010
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Dated: 10.08.2010
ORDER
Petitioners, who are the accused in Crime No.192/2010 of the
Kuttipuram Police Station 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.
Crime No.192/2010 of Kuttipuram Police Station shall stand
quashed.
V. RAMKUMAR,
(JUDGE).
sj