IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl MC No. 996 of 2008()
1. ABDUL NAZAR, S/O.ALAVI,
... Petitioner
Vs
1. SEBEENA, D/O. ASSAINAR,
... Respondent
2. THE SUB INSPECTOR OF POLICE,
3. THE STATE OF KERALA REP. BY PUBLIC
For Petitioner :SRI.P.V.KUNHIKRISHNAN
For Respondent :SMT.BINDU GEORGE
The Hon'ble MR. Justice V.RAMKUMAR
Dated :12/03/2008
O R D E R
V.RAMKUMAR, J.
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Crl.M.C.No. 996 of 2008
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Dated this the 12th day of March, 2008
O R D E R
The petitioner who is the brother-in-law of the de facto
complainant, is the accused in C.C.No.657 of 2007 on the file of
J.F.C.M-V, Kozhikode for offences punishable under Sections 498A and
406 IPC.
2. In light of the subsequent settlement of the dispute between
the marital partners, the petitioner has approached this Court for
quashing the said proceedings by invoking the powers under Section
482 Cr.P.C. The learned counsel appearing for the 1st
respondent/complainant also admitted that the matter has since been
settled between the marital partners. Having regard to the resolution
of the disputes between the marital partners, continuance of the
criminal prosecution against the petitioner 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. 657/2007 pending before the Judicial First Class Magistrate
Court-V, Kozhikode shall stand quashed.
V.RAMKUMAR, JUDGE.
Crl.M.C.No. 2
rv
Crl.M.C.No. 3
R.BASANT, J.
CRL.M.CNo.
ORDER
21ST DAY OF MAY2007