The High Court quashed Section 498A IPC proceedings against the petitioner after the matrimonial dispute was settled, relying on B.S. Joshi to permit termination despite the offence being non-compoundable.
Criminal Misc. Case allowed; C.C.No.196 of 2002 quashed.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE V.RAMKUMAR
WEDNESDAY, THE 23RD JANUARY 2008 / 3RD MAGHA 1929
Crl.MC.No. 240 of 2008()
CC.196/2002 of JUDL. MAGISTRATE OF FIRST CLASS COURT, PATTAMBI
PETITIONER: ACCUSED
RAMACHANDRAN, S/O.THIRUTHIPARAKRISHNAN @ KUTTAN, THIRUTHIPARA HOUSE, MEZHATHUR AMSOM AND DESOM, OTTAPALAM TALUK, PALAKKAD DISTRICT.
BY ADV. SRI.P.K.MOHANAN(PALAKKAD)
RESPONDENTS: STATE & COMPLAINANT
BY PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR
SRI.SAJU.S.A
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ALONG WITH CR.M.C.NO.239/07 ON 23/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
V.RAMKUMAR, J.
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Crl.M.C.Nos.240 of 2008
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Dated this the 23rd day of January, 2008
O R D E R
The petitioner, who is the husband of the de facto complainant, is the accused in C.C.No.196 of 2002 on the file of J.F.C.M, Pattambi for an offence punishable under Section 498A IPC.
Accordingly, this Criminal Miscellaneous Case is allowed and C.C.No.196 of 2002 pending before the Judicial First Class Magistrate Court, Pattambi shall stand quashed.
(V.RAMKUMAR, JUDGE)
sj
Crl.M.C.No./07 2
Crl.M.C.No./07 3
1 issue framed by the court
Whether powers under Section 482 CrPC can be invoked to quash proceedings under Section 498A IPC upon settlement of a matrimonial dispute.
Colour shows how this judgement treated each authority
B.S. Joshi vs. State of HaryanaFollowed¶27
B.S.Joshi vs. State of Haryana [AIR 2003 SC 1386] · Who else cites this
2 provisions across 2 enactments
Ramachandran
State of Kerala
Lalithambika
V. Ramkumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
