IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl MC No. 669 of 2008()
1. MUSTHAFA,S/O.LATE AHAMMED, AGED 32 YEARS
... Petitioner
Vs
1. SHAMEEN, AGED 24 YEARS,D/O.YUSUFF
... Respondent
2. THE STATE OF KERALA
For Petitioner :SRI.VINOD SINGH CHERIYAN
For Respondent :SRI.R.SUDHISH
The Hon'ble MR. Justice V.RAMKUMAR
Dated :15/02/2008
O R D E R
V.RAMKUMAR, J.
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Crl.M.C.No 669 of 2008
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Dated this the 15th day of February, 2008
O R D E R
The petitioner, who is the husband of the de facto
complainant, is the accused in C.C.No.187 of 2006 on the file of
J.F.C.M-I, Thamarassery for an offence punishable under Section
498A IPC.
2. In light of the subsequent settlement of the dispute
between the marital partners, the petitioner has approached this
Court for quashing the said proceedings by invoking the powers
under Section 482 Cr.P.C. The learned counsel for the 1st
respondent/wife also submitted that the matrimonial 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 petitioner 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
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.187/2006 pending before the Judicial First Class
Magistrate Court-I, Thamarassery shall stand quashed.
V.RAMKUMAR, JUDGE.
rv
Crl.M.C.No./07 2
Crl.M.C.No./07 3
R.BASANT, J.
CRL.M.CNo.
ORDER
21ST DAY OF MAY2007