High Court Kerala High Court

Hussain vs State Of Kerala on 27 July, 2009

Kerala High Court
Hussain vs State Of Kerala on 27 July, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.MC.No. 2241 of 2009()


1. HUSSAIN S/O.ABOOBACKER KUNJU
                      ...  Petitioner
2. ABOOBEKARKUNJU, S/O.KHADERKUNJU,
3. ABUELKALAM, S/O.ABOOBAKER KUNJU,
4. SABEENA D/O.SAINABAKUNJU PUTHEN BUNBLOW

                        Vs



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

2. REJI, W/O.HUSSAIN,

                For Petitioner  :SRI.C.RAJENDRAN

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR

 Dated :27/07/2009

 O R D E R
             M.Sasidharan Nambiar, J.
            --------------------------
              Crl.M.C.No.2241 of 2009
            --------------------------

                       ORDER

Petitioners are the accused in C.C.No.34/2006

on the file of Chief Judicial Magistrate’s Court,

Kollam. Second respondent is the wife of the first

petitioner. Case against the petitioners is that

they committed an offence under Section 498A read

with Section 34 of Indian Penal Code. This petition

is filed under Section 482 of Code of Criminal

Procedure to quash the proceedings contending that

the entire disputes between the petitioners and

second respondent were settled and they are now

living together. It is contended that second

respondent had filed O.S.No.315/2005 before Family

Court, Kollam for realisation of money and gold

ornaments and Annexure-A2 compromise petition was

filed therein and accepting the same, Anenxure-A3

judgment was passed by the Family Court and in view

of the settlement, there is no necessity to proceed

CRMC 2241/2009 2

with the case.

2.Second respondent appeared through a counsel.

Second respondent, along with petitioners, filed

Crl.M.Appl.No.4016/2009 under Section 320 of Code

of Criminal Procedure, to compound the offence. It

is contended by the learned counsel appearing for

the petitioners and second respondent that as the

entire disputes between the petitioners and second

respondent were settled, there is no necessity to

proceed with the case and second respondent is to

be permitted to compound the offence.

3. As an offence under Section 498A of Indian

Penal Code is not compoundable, permission cannot

be granted to compound the offence under Section

320 of Code of Criminal Procedure. But, as declared

by the Apex Court in B.S.Joshi v. State of Haryana

((2003) 4 SCC 675), it is not, in the interest of

justice, to continue the proceedings, when there

was a settlement of matrimonial disputes between

the husband and wife and their relatives and the

CRMC 2241/2009 3

husband and wife are living together with their

children under one roof.

In such circumstances, petition is allowed.

C.C.No.34/2006 on the file of Chief Judicial

Magistrate’s Court, Kollam as against the

petitioners is quashed.

27th July, 2009 (M.Sasidharan Nambiar, Judge)
tkv