IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 3156 of 2010()
1. MUHAMMED SIDDIQUE, S/O.KUNJUMOIDEEN,
... Petitioner
2. ABDULLAKUTTY, S/O.MUHAMMED,
3. RAMLA, W/O.ABDULLAKUTTY,
Vs
1. THE STATE OF KERALA,
... Respondent
2. SULEKHA, D/O.ABDUL KHADER @ KUNJABDU,
For Petitioner :SRI.C.A.CHACKO
For Respondent : No Appearance
The Hon'ble MR. Justice V.RAMKUMAR
Dated :16/08/2010
O R D E R
V. RAMKUMAR, J.
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Crl.M.C.No.3156 of 2010
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Dated: 16.08.2010
ORDER
Petitioners, who are the accused in C.C.No.890/2010 on the
file of the J.F.C.M, Irinjalakuda for an offence punishable under
Sec. 498A I.P.C, seek to quash the proceedings against them on
the ground that the marital partners have subsequently settled
their disputes.
2. In the light of the subsequent settlement of the dispute
between the marital partners, 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
partners, continuance of the criminal prosecution against the
petitioners is an avoidable irritant.
3. Eventhough the offence under Section 498 A I.P.C. is
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 a premature termination of the prosecution.
Accordingly, this Criminal Miscellaneous Case is allowed.
C.C.No.890/2010 pending before the Judicial First Class Magistrate
Court, Irinjalakuda shall stand quashed.
V. RAMKUMAR,
(JUDGE).
sj