The High Court at Ernakulam, invoking powers under Section 482 Cr.P.C. relying on B.S. Joshi v. State of Haryana, quashed criminal proceedings filed against the petitioner for aiding abetting cruelty by a husband under Section 498A IPC following subsequent settlement of marital disputes.
Crim. M.C. No. 1170 of 2010 allowed and C.C. No. 1904 of 2009 quashed.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE V.RAMKUMAR
TUESDAY, THE 18TH MAY 2010 / 28TH VAISAKHA 1932
Crl.MC.No. 1170 of 2010()
------------------------CC.1904/2009 of ADDL.CHIEF JUDICIAL MAGISTRATE, ERNAKULAM
PETITIONER(S): ACCUSED
SURESH.T.G, AGED 36 YEARS, S/O.LATE GOVINDAN,THARAYATH VEEDU,MARADU.P.O, ERNAKULAM.
BY ADV. SRI.K.P.JUSTINE (KARIPAT)
RESPONDENT(S): COMPLAINANTS
PUBLIC PROSECUTOR SRI.S.U.NAZAR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
V. RAMKUMAR, J.
= = = = = = = = = = = = = = = = = = Crl.M.C.No.1170 of 2010
= = = = = = = = = = = = = = = = == Dated: 18.05.2010
ORDER
Petitioner, who is the husband of the de facto complainant is the accused in C.C. No. 1904 of 2009 on the file of the Additional Chief Judicial Magistrate's Court, Ernakulam for an offence punishable under Sec. 498A I.P.C.
Accordingly, this Criminal Miscellaneous Case is allowed.C.C.No.1904 of 2009 pending before the Additional Chief Judicial Magistrate's Court, Ernakulam, shall stand quashed.
V. RAMKUMAR,
sj
3 issues framed by the court
Whether the powers under Section 482 Cr.P.C. can be invoked to quash proceedings for a non-compoundable offence under Section 498A IPC in light of subsequent settlement between marital partners
Whether continuance of criminal prosecution is an avoidable irritant after resolution of disputes between marital partners
Whether the order should quash C.C. No. 1904 of 2009 pending before the Additional Chief Judicial Magistrate's Court, Ernakulam
Colour shows how this judgement treated each authority
B.S. Joshi v. State of HaryanaRelied on¶23
B.S. Joshi v. State of Haryana (AIR 2003 SC 1386) · Who else cites this
2 provisions across 2 enactments
Suresh.T.G
State of Kerala
Jini
V. Ramkumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
