Allowed

Muhammed Nadakkal v. the State of Kerala

Kerala HC25 Mar 2008Crl.MC/1208/2008

Case brief

AI extract

What is this about?

The Kerala High Court exercised powers under Section 482 Cr.P.C. to quash criminal proceedings against petitioners for offences under Sections 498A, 323, 354, and 511 IPC. Relying on B.S. Joshi, the Court held that continued prosecution was an avoidable irritant due to the settlement of the marital dispute.

What did the court decide?

The Criminal Miscellaneous Case is allowed. C.M.P. No. 3916 of 2007 before the Judicial First Class Magistrate Court, Thamarassery and all consequential proceedings stand quashed.

Muhammed Nadakkal Vs the State of Kerala — Matrimonial and Divorce | Kerala HC (2008)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HONOURABLE MR. JUSTICE V.RAMKUMAR

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TUESDAY, THE 25TH MARCH 2008 / 5TH CHAITHRA 1930

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Crl.MC.No. 1208 of 2008()

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------------------------PETITIONER: ACCUSED/DEFACTO COMPLAINANT

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--------------------------------------1. MUHAMMED NADAKKAL, S/O.ALI NADAKKAL, AGED 24 YEARS, NADAKKAL, THALAPPERUMANNA, KOZHIKODE, KERALA, INDIA, HOLDING INDIAN PASSPORT NO.B 2427205 NOW WORKING AT DUBAI, C/O.SHAMSUDHEEN ADMIN DEPARTMENT, P.B.NO.19302, DUBAI.

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SAINUDHEEN NADAKKAL, S/O.ALI NADAKKAL, AGED 21 YEARS, CHEERUKANDIYIL HOUSE, THALAPPERUMANNA, KARUVANPOYEL POST, KODUVALLY, KOZHIKODE DISTRICT, KERALA, INDIA-673 572 HOLDING INDIAN PASSPORT NO. E 7521523 NOW WORKING AT DUBAI C/O.SHAMSUDHEEN,ADMIN DEPARTMENT,P.B.NO.19302,DUBA

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AYISHA ALI, W/O.ALI NADAKKAL, AGED 45 YEARS, CHEERUKANDIYIL HOUSE, THALAPPERUMANNA, KARUVANPOYEL POST, KODUVALLY, KOZHIKODE DISTRICT, KERALA, INDIA-673 572.

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HAIRUNNISSA, AGED 21 YEARS, D/O.KOYAKUTTY THANGAL, PALAPRAMEETHAL, CHATHAMANGALAM P.O., KOZHIKODE.

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BY ADV. SRI.K.M.FIROZ

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RESPONDENTS: STATE

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THE STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, KODUVALLI POLICE STATION, KODUVALLI, CALICUT, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

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BY PUBLIC PROSECUTOR SRI. K.S. SIVAKUMAR

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 25/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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V. RAMKUMAR, J.

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*** * * * * * * * * * * * * * * * * * Crl.M.C. No. 1208 of 2008**

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*** * * * * * * * * * * * * * * * * * Dated: 25-03-2008**

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ORDER

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Petitioners 1 to 3 are the accused in Crime No. 333 of 2007 of Koduvally Police Station for offences punishable under Sections 498 A, 323, 354 and 511 of 376.

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In the light of the subsequent settlement of the dispute between the marital parties, petitioners have 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 petitioners is an avoidable irritant.

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Eventhough the offence under Section 498 A I.P.C. is not compoundable, in the light of the decision of the Apex 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.

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Accordingly, this Criminal Miscellaneous Case is allowed. C.M.P. No. 3916 of 2007 before the Judicial First Class Magistrate Court, Thamarassery and all consequential proceedings shall stand quashed.

V. RAMKUMAR,

(JUDGE)

ani

ani.

Muhammed Nadakkal v. the State of Kerala

Case brief

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Muhammed Nadakkal v. the State of Kerala

Case brief

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