IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl MC No. 308 of 2008()
1. T. RAJU, AGED 27 YEARS,
... Petitioner
2. T. RADHA, W/O. SHAHUL HAMEED,
3. SHAHUL HAMEED,
4. PUSHPA M., AGED 50 YEARS,
Vs
1. BINDHU C.T., D/O. VELAPPAN,
... Respondent
2. THE STATE OF KERALA,
For Petitioner :SRI.R.SUDHISH
For Respondent :SRI.VINOD SINGH CHERIYAN
The Hon'ble MR. Justice V.RAMKUMAR
Dated :23/01/2008
O R D E R
V.RAMKUMAR, J.
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Crl.M.C.No 308 of 2008
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Dated this the 23rd day of January, 2008
O R D E R
The petitioners are the accused in C.C.No. 358 of 2002 on
the file of J.F.C.M-I, Kozhikode for an offence punishable under
Section 498A IPC.
2. In light of the subsequent settlement of the dispute
between the marital partners, the petitioners have 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 admitted that the matrimonial dispute
between the marital partners have subsequently been settled.
Having regard to the resolution of the disputes between the
marital partners, continuance of the criminal prosecution against
the petitioners 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.358/2002 pending before the Judicial First Class
Magistrate Court-I, Kozhikode shall stand quashed.
(V.RAMKUMAR, JUDGE)
Crl.M.C.No.70 of 2007
2
rv
Crl.M.C.No.70 of 2007
3
R.BASANT, J.
CRL.M.CNo.
ORDER
21ST DAY OF MAY2007