Quashed

S. Abdul Hameed v. Mariyamath Anisha

Kerala HC9 Jan 2008Crl.MC/7/2005

Case brief

AI extract

What is this about?

The High Court of Kerala allowed the petition to quash criminal proceedings under Section 498A IPC against the petitioners. Relying on B.S. Joshi, the court held that despite the offence being non-compoundable, the continued prosecution was an avoidable irritant given the settlement of the dispute.

What did the court decide?

Criminal Misc. Case allowed and C.C. No. 532/2004 pending before the Chief Judicial Magistrate Court, Kasaragod stood quashed.

S. Abdul Hameed Vs Mariyamath Anisha — Quashing and FIR | 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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WEDNESDAY, THE 9TH JANUARY 2008 / 19TH POUSHA 1929

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Crl.MC.No. 7 of 2005(A)

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C.C. NO. 532 OF 2004 OF THE CHIEF JUDL.MAGISTRATE, KASARAGOD PETITIONER: ACCUSED 1,2&3

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S.ABDUL HAMEED S/O. LATE SEINUDHEEN, RESIDING AT PALLIKKAL HOUSE, PATLA, MADHUR VILLAGE, KASARAGOD DISTRICT, BY POWER OF ATTORNEY HOLDER S.ABDUL RAHIMAN (PETITIOER NO.2)

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S.ABDUL RAHIMAN, S/O. LATE SAINUDHEEN, RESIDING AT PALLIKKAL HJOUSE, PATLA, MADHUR VILLAGE, KASARAGOD DISTRICT.

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JAMEELA W/O. S.ABDUL RAHIMAN, RESIDING AT PALLIKKAL HOUSE, PATLA, MADHUR VILLAGE, KASARAGOD DISTRICT.

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BY ADV. SRI.K.V.SOHAN

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RESPONDENTS: COMPLAINANT & STATE

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MARIYAMATH ANISHA, D/O. MAHAMOOD W/O. ABDUL HAMEED, RESIDING AT BANNUR, MADHUR VILLAGE, KASARAGOD DISTRICT.

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STATE, SUB INSPECTOR OF POLICE, KASARAGOD POLICE STATION (CRIME NO.676/2004) REPRESENTED BY ITS 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 BEEN FINALLY HEARD ON 09-01-2008 THE COURT ON 09/01/2008 PASSED THE FOLLOWING:

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V.RAMKUMAR, J.

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= = = = = = = = = = =

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Crl.M.C.No. 7 of 2005

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= = = = = = = = = = = = = = Dated: 9^th day of January 2008

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O R D E R

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The petitioners who are accused Nos. 1, 2 and 3 in C.C. No. 532 of 2004 on the file of the Chief Judl. Magistrate Court, Kasaragod for an offence punishable under Section 498A IPC.

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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. Having regard to the resolution of the disputes between the marital partners, continuance of the criminal prosecution against the petitioners is an avoidable irritant.

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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.

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Accordingly, this Criminal Miscellaneous Case is allowed and C.C.No. 532/2004 pending before the Chief Judicial Magistrate Court, Kasaragod shall stand quashed.

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(V.RAMKUMAR, JUDGE)

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ani

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Crl.M.C.No./07 2

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Crl.M.C.No./07 3

S. Abdul Hameed v. Mariyamath Anisha

Case brief

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S. Abdul Hameed v. Mariyamath Anisha

Case brief

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