IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl MC No. 958 of 2008()
1. HUSSAIN, S/O.UTHUMANKANNU
... Petitioner
2. SAINABHA BEEVI, D/O.RAHUMABEEVI, DO. DO.
3. NUFAISA,D/O.SAINAFA BEEVI, DO. DO.
4. HAYARUNNISA, D/O.SAINAFA BEEVI, DO. DO.
5. MAJILATH, D/O.SAINAFA BEEVI, DO. DO.
6. SIDDIQ, S/O.UTHUMANKANNU, DO. DO.
7. UTHUMANKANNU, S/O.MOHAMMED KUNJU
Vs
1. STATE OF KERALA, REP. BY
... Respondent
2. RAZEENA BEEGUM, VILAYIL PUTHEN VEEDU
For Petitioner :SRI.P.M.HABEEB
For Respondent :PUBLIC PROSECUTOR
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. 958 of 2008
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Dated this the 12th day of March, 2008
O R D E R
The petitioners are the accused in C.C.No.413 of 2004 on the
file of J.F.C.M-I, Kottarakkara 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. The learned counsel for the 2nd 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 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
C.C.No.413/2004 pending before the Judicial First Class Magistrate
Court-I, Kottarakkara shall stand quashed.
V.RAMKUMAR, JUDGE.
rv
Crl.M.C.No. 2
Crl.M.C.No. 3
R.BASANT, J.
CRL.M.CNo.
ORDER
21ST DAY OF MAY2007