High CourtsSingle Bench(2010) 08 KL CK 0152

Abdul Nazar vs State of Kerala and Kunnumpurath Saboora

High Court Of Kerala · Decided on 4 August 2010

HON’BLE JUDGES
V. Ramkumar, J
CASE NUMBER
Criminal M.C. No. 3128 of 2010

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Judgment

4 paragraphs · 178 words

V. Ramkumar, J.—Petitioner, who is the accused in L.P.C. No. 158/2002 on the file of the Additional Chief Judicial Magistrate, Thalassery for offences punishable under Sections 403, 420 and 498A read with 34 I.P.C, seek to quash the proceedings against him on the ground that the marital partners have subsequently settled their disputes.

2.

In the light of the subsequent settlement of the dispute between the marital partners, the petitioner has approached this Court by invoking the powers u/s 482 Cr.P.C. 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.

Eventhough the offence u/s 498A I.P.C. is not compoundable, in the light of the decision of the Apex Court in B.S. Joshi and Others Vs. State of Haryana and Another, , the powers u/s 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. L.P.C. No. 158/2002 pending before the Additional Chief Judicial Magistrate, Thalassery shall stand quashed.