IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl MC No. 3575 of 2007()
1. P.K.SHARAFUDDIN, S/O.C.K.KHADER,
... Petitioner
2. C.K.KHADER, AGED 55 YEARS,
3. SERINA, W/O.KHADER, AGED 43 YEARS,
4. RAIHANA, W/O.RAHIM, AGED 25 YEARS,
5. NAJILA, W/O.NOUSHAD, 22 YEARS,
6. LUBINA, W/O.IBRAHIM, AGED 18 YEARS,
Vs
1. STATE OF KERALA, REPRESENTING S.H.O.
... Respondent
2. M.P.SABIRA, D/O.ABOOBACKER, 18 YEARS,
For Petitioner :SRI.C.P.PEETHAMBARAN
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :29/11/2007
O R D E R
R. BASANT, J.
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Crl.M.C.No. 3575 of 2007
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Dated this the 29th day of November, 2007
O R D E R
The petitioners are accused in a prosecution under Section
498A r/w. 107 I.P.C. The case is pending before the J.F.M.C.
Thalasserry. Cognizance has been taken on the basis of a final
report submitted by the police after due investigation in a crime.
That crime, in turn, was registered on the basis of a private
complaint filed by the second respondent herein, which
complaint was referred to the police by the learned Magistrate
under Section 156(3) Cr.P.C. The first petitioner is the husband
of the defacto complainant/R2 and the other petitioners i.e.
petitioners 2 to 6, are the relatives of the first petitioner.
2. The prosecution is pending before the Magistrate. The
petitioners as well as the second respondent have now come
before this Court together with a prayer that the prosecution
against the petitioners may be quashed invoking the extra
ordinary inherent jurisdiction under Section 482 Cr.P.C. as
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enabled by the dictum in B.S. Joshi v. State of Haryana (AIR
2003 SC 1386). The said decision is authority for the proposition that
at times the interests of justice may transcend the interests of mere law
and in such circumstances the provisions of Section 320 Cr.P.C. cannot
be reckoned as a fetter on the sweeping powers of the Court under
Section 482 Cr.P.C.
3. It is submitted that the marital tie between the first petitioner
and the second respondent has now been dissolved and the second
respondent/defacto complainant had contracted another marriage. I am
satisfied that this is an eminently fit case where the powers under
Section 482 Cr.P.C. can be invoked.
4. This Crl.M.C. is hence allowed. C.C. No. 202 of 2007,
pending before the Judicial First Class Magistrate, Thalasserry
against the petitioners is hereby quashed.
(R. BASANT)
Judge
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