IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 1431 of 2008()
1. VIJAYA RAGHAVAN, S/O.PERAVAKUTTY,
... Petitioner
Vs
1. BINDU, D/O.KUNJIRAMAN, ANJALI,
... Respondent
2. STATE OF KERALA THROUGH THE
For Petitioner :SRI.SUNNY MATHEW
For Respondent :SRI.SAKIR.K.H.
The Hon'ble MR. Justice R.BASANT
Dated :27/05/2008
O R D E R
R. BASANT, J.
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Crl.M.C. No. 1431 OF 2008
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Dated this the 27th day of May, 2008
O R D E R
The petitioner is the first accused in a prosecution for
offences punishable inter alia under Section 498 A IPC. The other
accused have already been tried, found not guilty and acquitted.
Petitioner is the husband of the defacto complainant who is
arrayed as the 1st respondent. The petitioner and the first
respondent have now come before this Court with a request that
the prosecution against the petitioner which is now pending in CC
No.540/2007 may be quashed accepting the composition of the
offences and settlement of the disputes between them.
2. The petitioner and the first respondent have appeared
through counsel. They have filed a compounding petition to report
composition. Though the offences are not compoundable, I am
satisfied that following the dictum in B.S.Joshi Vs. State of
Haryana [AIR 2003 SC 1386], the prayer to quash the
proceedings may be accepted. The learned Public Prosecutor
does not oppose the said prayer.
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3. In the result, this Crl.M.C is allowed and CC No.540/07
pending before the JFCM Court V, Kozhikode is hereby quashed.
R. BASANT, JUDGE
ttb
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