IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl MC No. 35 of 2008()
1. ASHIQ P.A.,
... Petitioner
2. BEEVI, AGED 70,
3. NABEESA, AGED 43 YEARS,
Vs
1. SHAJITA,
... Respondent
2. SUB INSPECTOR OF POLICE,
For Petitioner :SRI.P.BABU KUMAR
For Respondent :SMT.V.SHYLAJA
The Hon'ble MR. Justice V.RAMKUMAR
Dated :03/01/2008
O R D E R
V.RAMKUMAR, J.
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Crl.M.C.No 35 of 2008
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Dated this the 3rd day of January, 2008.
O R D E R
The petitioners who are the husband, mother-in-law and
sister-in-law of the de facto complainant, are the accused in
crime No. 1262/2006 of Aluva Police Station for an offence
punishable under Section 498A IPC.
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 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 further proceedings in pursuance of Annexure A FIR shall
stand quashed.
(V.RAMKUMAR, JUDGE)
rv
R.BASANT, J.
CRL.M.CNo.
ORDER
21ST DAY OF MAY2007