IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl MC No. 1142 of 2008()
1. M.MUJEEB
... Petitioner
Vs
1. STATE OF KERALA
... Respondent
For Petitioner :SRI.P.SANJAY
For Respondent : No Appearance
The Hon'ble MR. Justice V.RAMKUMAR
Dated :14/03/2008
O R D E R
V.RAMKUMAR, J.
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Crl. M.C. No 1142 of 2008
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Dated this the 14th day of March, 2008
O R D E R
The petitioners who are the husband, mother-in-law and
brother-in-law of the de facto complainant, are the accused in
C.C. No. 802 of 2007 on the file of J.F.C.M-V, Kozhikode 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 dispute 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
Crl.M.C.No.1142/2008 2
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.802/2007 pending before the Judicial First Class
Magistrate Court-V, Kozhikode shall stand quashed.
V.RAMKUMAR, JUDGE.
rv
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R.BASANT, J.
CRL.M.CNo.
ORDER
21ST DAY OF MAY2007