IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 1771 of 2010()
1. REJI, AGED 30 YEARS,
... Petitioner
2. BALAKRISHNAN, AGED 60 YEARS,
3. PRASANNA KUMARY, AGED 50 YEARS,
Vs
1. STATE OF KERALA,
... Respondent
2. NAYANA.C.S, AGED 24 YEARS,
For Petitioner :SMT.S.L.SYLAJA
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice V.RAMKUMAR
Dated :04/06/2010
O R D E R
V. RAMKUMAR, J.
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Crl.M.C.No.1771 of 2010
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Dated: 4th day of June, 2010
ORDER
Petitioners, who are accused Nos.1 to 3 in Crime
No.659/2009 of Pooyappally Police Station for an offence
punishable under Sec. 498A I.P.C, seek to quash the
proceedings.
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 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 premature termination of the
prosecution.
Crl.M.C.No.1771 of 2010
2
Accordingly, this Criminal Miscellaneous Case is
allowed. Annexure A1 Crime No.659/2009 of Pooyappally
Police Station shall stand quashed.
V. RAMKUMAR,
(JUDGE).
dmb