IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 1846 of 2010()
1. SHAHITHA,AGED YEARS,
... Petitioner
Vs
1. STATE OF KERALA,REPRESENTED BY PUBLIC
... Respondent
2. S.I.OF POLICE,PAVARATTY POLICE STATION,
3. SHINSIYA,AGED ABOUT 23 YEARS,
For Petitioner :SRI.K.A.SATHEESA BABU
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice V.RAMKUMAR
Dated :10/06/2010
O R D E R
V.RAMKUMAR, J.
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Crl.M.C.No.1846 of 2010
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Dated this the 10th day of June, 2010
ORDER
Petitioner, who is the 6th accused in C.C. No.1528 of
2009 (Crime No.465/2009 of Pavaratti Police Station) on
the file of the J.F.C.M., Chavakkad for offences punishable
under Sections 406, 420, 498A, 323, 294(b) of I.P.C. read
with Section 34 of I.P.C. seeks to quash Annexure-I charge
sheet and all further proceedings. This is an offshoot of a
matrimonial dispute.
2. In the light of the subsequent settlement of the
dispute between the marital parties, the petitioner has
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 petitioner is an avoidable
irritant.
3. Eventhough the offences under Sections 406,
498A, 294(b) of I.P.C. read with Section 34 of I.P.C. are not
compoundable, in the light of the decision of the Apex
Crl.M.C.No.1846/2010
: 2 :
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.
Accordingly, this Criminal Miscellaneous Case is
allowed. C.C.No.1528/2009 pending before the Judicial
First Class Magistrate Court, Chavakkad shall stand
quashed.
V.RAMKUMAR, JUDGE
skj