Allowed

Ramachandran and Others v. State of Kerala and Another

Kerala HC23 Jan 2008Crl.MC/239/2008

Case brief

AI extract

What is this about?

In a Criminal Miscellaneous case, the High Court of Kerala quashed criminal proceedings under Section 498A IPC involving petitioners. Despite the non-compoundable nature of the offence, the court invoked inherent powers to terminate prosecution due to the settlement of the underlying matrimonial dispute, citing B.S. Joshi vs. State of Haryana.

What did the court decide?

Criminal Case No. 598 of 2003 pending before the Judicial First Class Magistrate Court, Pattambi shall stand quashed.

Ramachandran and Others Vs State of Kerala and Another — 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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WEDNESDAY, THE 23RD JANUARY 2008 / 3RD MAGHA 1929

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Crl.MC.No. 239 of 2008()

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CC.598/2003 of JUDL. MAGISTRATE OF FIRST CLASS COURT, PATTAMBI

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PETITIONERS:

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RAMACHANDRAN, S/O.THIRUTHIPARAKRISHNAN @ KUTTAN, THIRUTHIPARA HOUSE, MEZHATHUR AMSOM AND DESOM, OTTAPALAM TALUK, PALAKKAD DISTRICT.

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BHANUMATHI D/O. THIRUTHIPARA KRISHNAN @ KUTTAN, THIRUTHIPARA HOUSE, MEZHATHUR AMSOM AND DESOM, OTTAPALAM TALUK, PALAKKAD DISTRICT.

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KURUMBA W/O. LATE THIRUTHIPARA KRISHNAN @ KUTTAN, THIRUTHIPARA HOUSE, MEZHATHUR AMSOM AND DESOM, OTTAPALAM TALUK, PALAKKAD DISTRICT.

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BY ADV. SRI.P.K.MOHANAN(PALAKKAD)

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RESPONDENTS: STATE & COMPLAINANT

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STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA.

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LALITHAMBIKA,

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D/O.PADATH KAKKUTH VALAPPIL DECEASED VELU, KAPPUR AMSOM AND DESOM OTTAPALAM TALUK.

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BY ADV. SRI.SAJU.S.A

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PUBLIC PROSECUTOR SRI.M.S.BREEZ

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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V.RAMKUMAR, J.

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Crl.M.C.Nos.239 of 2008

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Dated this the 23^rd day of January, 2008

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O R D E R

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The petitioners, who are the husband, sister-in-law and mother-in-law of the de facto complainant, are the accused in C.C.No.598 of 2003. on the file of J.F.C.M, Pattambi for an offence punishable under Section 498A IPC.

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The learned counsel appearing for the 2^nd respondent admitted that the matrimonial dispute between the marital partners has been settled. 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.598 of 2003 pending before the Judicial First Class Magistrate Court, Pattambi shall stand quashed.

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(V.RAMKUMAR, JUDGE)

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Crl.M.C.No./07 2

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Crl.M.C.No./07 3

Ramachandran and Others v. State of Kerala and Another

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Ramachandran and Others v. State of Kerala and Another

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