Quashed

Shaju v. Vini

Kerala HC12 Mar 2008Crl.MC/943/2008

Case brief

AI extract

What is this about?

The High Court of Kerala allowed the Criminal Miscellaneous Case, quashing the criminal proceedings under Section 498A IPC. The court relied on the decision in B.S. Joshi vs. State of Haryana, holding that proceedings can be terminated upon settlement between marital partners even though the offence is not compoundable. The impugned complaint was originally in C.C. 1882/2006.

What did the court decide?

Criminal Case No. 1882/2006 pending before the Judicial First Class Magistrate Court-I, Aluva shall stand quashed.

Shaju Vs Vini — 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 12TH MARCH 2008 / 22ND PHALGUNA 1929

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Crl.MC.No. 943 of 2008()

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-----------------------CC.1882/2006 of JUDL.MAGISTRATE OF FIRST CLASS-I, ALUVA ....................

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PETITIONER:

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SHAJU,S/O.KUTTAPPAN, KOVATTU HOUSE CHENGAMONADU VILLAGE, ADUVASSERY.

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CHANDRIKA,W/O.KUTTAPPAN,KOVATTU HOUSE CHENGAMONADU VILLAGE, ADUVASSERY.

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SHEENA,D/O.KUTTAPPAN KOVATTU HOUSE,CHENGAMONADU VILLAGE, ADUVASSERY.

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THAMBI,H/O.SHEENA, KOVATTU HOUSE,CHENGAMONADU VILLAGE, ADUVASSERY.

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BY ADV. SRI.C.D.JOHNY

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RESPONDENTS:

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VINI,D/O.VISWAMBARA, POOKKULKUZHA HOUSE, POOPPATHY POYYA VILLAGE,KODUNGALLUR TALUK THRISSUR DISTRICT.

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

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BY PUBLIC PROSECUTOR SRI. PUZHAKKARA MUHAMMED SMT.MEREENA JOSEPH

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 12/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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V.RAMKUMAR, J.

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= = = = = = = = = = = Crl.M.C.No.943 of 2008

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= = = = = = = = = = = = = = Dated this the 12^th day of March, 2008

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O R D E R

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The petitioners are the accused in C.C.No.1882 of 2006. on the file of J.F.C.M-I, Aluva, for an offence punishable under Sections 498A read with 34 IPC.

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The learned counsel for the 1^st respondent admitted that the matter has since been settled between the marital partners. In light of the subsequent settlement of the dispute between the marital partners, the petitioner 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.1882/2006 pending before the Judicial First Class Magistrate Court-I, Aluva 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

Shaju v. Vini

Case brief

What is this about?

What did the court decide?

Shaju v. Vini

Case brief

What is this about?

What did the court decide?

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