The High Court of Kerala quashed an FIR registered under Section 498A IPC read with Section 34 IPC following a settlement between the marital partners, holding that criminal prosecution was an avoidable irritant despite the non-compoundable nature of the offence.
Crl. M.C. No. 3811 of 2007 allowed; Crime No. 80 of 2006 of East Kallada Police Station quashed.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE V.RAMKUMAR
TUESDAY, THE 1ST JANUARY 2008 / 11TH POUSHA 1929
Crl.MC.No. 3811 of 2007()
--------------------------------------------PETITIONER: DEFACTO COMPLAINANT
-------------------------------------------------------------MERCY, AGED 29 YEARS, D/O.CLEMENT, RESIDING AT ANGILI MOOTTIL VEEDU, PERINGALAM MURIYIL, MUNDROTHURUTHU VILLAGE, KOLLAM TALUK, KOLLAM DISTRICT.
BY ADV. SRI. JOHNSON GOMEZ
RESPONDENTS:
BY PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 01/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
V.RAMKUMAR, J.
= = = = = = = = = = = = =
Crl.M.C.No. 3811 of 2007
= = = = = = = = = = = = = = = Dated this the 1st day of January, 2008
O R D E R
The petitioner is the de facto complainant in Crime No.80 of 2006 of East Kallada Police Station for an offence punishable under Section 498A IPC read with Sec.34 IPC.
Accordingly, this Criminal Miscellaneous Case is allowed. Crime No.80 of 2006 of East Kallada Police Station shall stand quashed.
(V.RAMKUMAR, JUDGE)
sj
1 issue framed by the court
Whether the powers under Section 482 Cr.P.C. can be invoked to quash an FIR for offence under Section 498A IPC read with Section 34 IPC in light of subsequent settlement between marital partners.
Colour shows how this judgement treated each authority
B.S.Joshi vs. State of HaryanaApplied¶24
B.S.Joshi vs. State of Haryana [AIR 2003 SC 1386] · Who else cites this
3 provisions across 2 enactments
DEFACTO COMPLAINANT, AEGED 29 YEARS, D/O.CLEMENT
THE STATE OF KERALA
BINU
JAMES
STELLA
BINDHU EDWIN
V. RINGKUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
