V.V.Sudhesan vs State Of Kerala on 28 April, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.MC.No. 1381 of 2009()


1. V.V.SUDHESAN, AGED 46 YEARS,
                      ...  Petitioner
2. SMITHA, AGED 26 YEARS,

                        Vs



1. STATE OF KERALA,
                       ...       Respondent

2. PRASEENA, AGED 35 YEARS,

                For Petitioner  :SRI.ASOK M.CHERIAN

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice S.S.SATHEESACHANDRAN

 Dated :28/04/2009

 O R D E R
            S.S.SATHEESACHANDRAN, J.
          -----------------------------
             Crl.M.C.No.1381 OF 2009
           --------------------------
      Dated this the 28th day of April 2009
     -------------------------------------


                    O R D E R

This petition is filed under Section 482 of the

Code of Criminal Procedure to quash Annexure A1

complaint and proceedings in C.C.No.84/08 pending

before the Chief Judicial Magistrate Court,

Pathanamthitta. Notice being given, the 2nd

respondent/the de facto complainant in the above

petition has entered appearance through counsel.

Petitioners are prosecuted for the offence under

Section 494 read with 34 I.P.C. Parallel

proceedings are pending before the Family Court,

Thiruvalla and pursuant to mediation, disputes

between the partner are settled and a joint

compromise petition has been filed before that

court in which the de facto complainant has agreed

to withdraw the criminal case pending before the

Crl.M.C.No.1381/2009 2

Magistrate, is the case of the petitioners for the

reliefs claimed in the petition.

2. I heard the learned counsel on both sides.

The application is opposed by the learned counsel

for the 2nd respondent/complainant contending that

terms of the compromise entered into have not been

fulfilled by the petitioners and so much so there

is no merit in the prayer for quashing the

criminal case on the basis of the compromise

petition filed by the petitioners. Evidently,

dispute as between the parties over the compromise

entered into as to whether the terms thereunder

have been complied with, still survive and as such

it is not proper for this court to have an enquiry

over that matter which is still awaiting

consideration before the family court. In the

facts and circumstances involved, the petitioners

are not entitled to invoke the inherent powers of

this court for quashing the complaint and the

Crl.M.C.No.1381/2009 3

proceedings in the criminal case pending before the

Chief Judicial Magistrate Court, Pathanamthitta.

3. Petition is dismissed.

S.S.SATHEESACHANDRAN,
JUDGE

jsr