IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 1838 of 2010()
1. MOHAMMED THANVEER, AGED 22 YEARS,
... Petitioner
2. USSAIN, PURAYIL HOUSE,
3. SALEENA, W/O.USSAIN,
Vs
1. SAFIYA, D/O.MOHAMMED, AGED 20 YEARS,
... Respondent
2. STATE OF KERALA,
For Petitioner :SRI.NIRMAL. S
For Respondent :SRI.MUJEEB RAHMAN.K
The Hon'ble MR. Justice V.RAMKUMAR
Dated :14/06/2010
O R D E R
V.RAMKUMAR, J.
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Crl.M.C.No.1838 of 2010
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Dated this the 14th day of June, 2010
ORDER
Petitioners are the accused in C.M.P.No. 537/2009 on
the file of the J.F.C.M., Kunnamangalam for offences
punishable under Sections 406 & 498A read with Section
148 of 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 offences under Sections 406 &
498A read with Section 148 of I.P.C. are 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 Section 482 Cr.P.C. can be
invoked by this Court to bring about premature
Crl.M.C.No.1838/2010
: 2 :
termination of the prosecution.
Accordingly, this Criminal Miscellaneous Case is
allowed. C.M.P.No.537/2009 pending before the Judicial
First Class Magistrate Court, Kunnamangalam shall stand
quashed.
V.RAMKUMAR, JUDGE
skj