IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 3484 of 2010()
1. P.D.SUNIL, AGED 28, S/O.P.V.DASAN,
... Petitioner
2. P.V.DASAN, AGED 64,
3. BABY DASAN, AGED 49, S/O.P.V.DASAN,
4. P.D.SUNIL, AGED 26, S/O.P.V.DASAN,
5. RAJAMMA.P.K, AGED 41, W/O.SUNDARAN,
Vs
1. ANRIYA KORIYA @ SANDRA,
... Respondent
2. STATE OF KERALA,
For Petitioner :SRI.K.S.RAJEEV (ALUVA)
For Respondent :SRI.BIJU ABRAHAM
The Hon'ble MR. Justice V.RAMKUMAR
Dated :19/08/2010
O R D E R
V.RAMKUMAR, J.
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Crl.M.C.No.3484 of 2010
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Dated this the 19th day of August, 2010
ORDER
Petitioners are accused Nos.1 to 5 in C.C.
No.575/2009 on the file of the Judicial Magistrate of the
First Class, North Paravur for an offence punishable under
Sections 498A, 323, 511 & 506(ii) read with Section 34
I.P.C. and Section 4 & 8 (A) of Dowry Prohibition Act.
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 498A,
323, 511 & 506(ii) read with Section 34 I.P.C. and Section
4 & 8 (A) of Dowry Prohibition Act are not compoundable,
in the light of the decision of the Apex Court in B.S. Joshi
Crl.M.C.No.3484/2010
: 2 :
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 termination of the prosecution.
Accordingly, this Criminal Miscellaneous Case is
allowed. C.C.No.575/2009 pending before the Judicial
Magistrate of the First Class-I,North Paravur, shall stand
quashed.
V.RAMKUMAR, JUDGE
skj