IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 5031 of 2010()
1. MURICHUNDI UBAID,S/O.MUSA,AGED 32 YEARS,
... Petitioner
2. MURICHUNDI KUNJAHAMMED,D/O.MUSA,
3. HAJIRA,W/O.KUNJAHAMMAD,AGED 35 YEARS,
4. SULEKHA,W/O.KUNJABDULLA,AGED 42 YEARS,
5. MOIDU,S/O.MUSA,AGED 47 YEARS,POLITHOLLY,
6. GAFOOR,S/O.MUSA,AGED 4O YEARS,
Vs
1. STATE OF KERALA,REPRESENTED BY PUBLIC
... Respondent
2. RAFIYA,D/O.ANTHU,AGED 23 YEARS,
For Petitioner :SRI.P.M.HABEEB
For Respondent :SMT.JYOTHI JOSEPH
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :22/12/2010
O R D E R
M.Sasidharan Nambiar, J.
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Crl.M.C.No.5031 of 2010
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ORDER
Petitioners are the accused and second respondent,
the defacto complainant in C.C.No.428/2009 on the file
of Judicial First Class Magistrate’s Court, Vadakara,
taken cognizance for the offence under Section 498A of
Indian Penal Code on Annexure-1 final report. This
petition is filed under Section 482 of Code of Criminal
Procedure to quash the proceedings contending that
entire matrimonial disputes were settled amicably and
consequent to the settlement, it is not in the interest
of justice to continue the prosecution.
2. Second respondent appeared through a counsel
and filed an affidavit stating that entire matrimonial
disputes were settled amicably and therefore,
permission is to be granted to compound the offence.
3. Learned counsel appearing for the petitioners,
second respondent and learned Public Prosecutor were
heard.
4. An offence under Section 498A of Indian Penal
Code is not compoundable. Hence, permission cannot be
CRMC 5031/10 2
granted to compound the offence. But, as held by the
Apex Court in B.S.Joshi v. State of Haryana ((2003) 4
SCC 675), when the matrimonial disputes are settled
amicably, it is not in the interest of justice to stand
on technicalities and continue the prosecution. The
affidavit filed by the second respondent establishes
that she has settled all the matrimonial disputes with
the petitioners. In such circumstances, it is not in
the interest of justice to continue the prosecution.
Petition is allowed. C.C.No.428/2009 on the file
of Judicial First Class Magistrate’s Court, Vadakara is
quashed.
22nd December, 2010 (M.Sasidharan Nambiar, Judge)
tkv