High Court Kerala High Court

Ajith N.S. vs State Of Kerala on 19 August, 2010

Kerala High Court
Ajith N.S. vs State Of Kerala on 19 August, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.MC.No. 3477 of 2010()


1. AJITH N.S., S/O. LATE SIVANANDAN,
                      ...  Petitioner
2. CHANDRAMATHY, W/O. LATE SIVANANDAN,
3. ANOOP, S/O. LATE SIVANANDAN,

                        Vs



1. STATE OF KERALA, REP. BY
                       ...       Respondent

2. SREEJA, D/O. UNNIKRISHNAN,

                For Petitioner  :SRI.V.BINOY RAM

                For Respondent  :SMT.MARY BEENA JOSEPH

The Hon'ble MR. Justice V.RAMKUMAR

 Dated :19/08/2010

 O R D E R
                     V.RAMKUMAR, J.
             ----------------------------------------
                Crl.M.C.No.3477 of 2010
             ----------------------------------------
       Dated this the 19th day of August, 2010

                            ORDER

Petitioners are accused Nos.1 to 3 in Crime

No.186/2010 of Chelakkara Police Station, Thrissur for

offences punishable under Sections 323, 324, 417 & 498A

I.P.C.

2. In the light of the subsequent settlement of the

dispute between the marital parties, 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 parties, continuance of

the criminal prosecution against the petitioners is an

avoidable irritant.

3. Eventhough the offence under Sections 323,

324, 417 & 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

Crl.M.C.No.3477/2010
: 2 :

Section 482 Cr.P.C. can be invoked by this Court to bring

about premature termination of the prosecution.

Accordingly, this Criminal Miscellaneous Case is

allowed. F.I.R. in the above Crime shall stand quashed.

V.RAMKUMAR, JUDGE

skj