The High Court of Kerala, invoking powers under Section 482 Cr.P.C., quenched criminal proceedings for Section 498A IPC due to a subsequent settlement between the marital partners, relying on B.S. Joshi v. State of Haryana.
Criminal Miscellaneous Case No. 62 of 2010 allowed; Criminal Case No. 169 of 2009 stands quashed.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE V.RAMKUMAR
MONDAY, THE 24TH MAY 2010 / 3RD JYAISHTA 1932
Crl.MC.No. 62 of 2010()
----------------------CC.169/2009 of JUDL.MAGISTRATE OF FIRST CLASS COURT, ADOOR
PETITIONER(S): ACCUSED
VARUGHESE ABRAHAM, AGED 44 YEARS, S/O.ABRAHAM VARUGHESE, PEZHUNIKKUNNATHIL MALAYIL CHARIVUPARAMBIL PUTHENVEEDU, KARITHOTTA.P.O, MEZHUVELI VILLAGE, PATHANAMTHITTA DISTRICT.
BY ADV. SRI.P.HARIDAS
RESPONDENT(S): STATE & COMPLAINANT
ADV. SRI.T.P.M.IBRAHIM KHAN,ASST.S.G OF INDI FOR R3
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 24/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
V. RAMKUMAR, J.
............................................ Crl.M.C.No. 62 of 2010
Dated: 24-5-2010
ORDER
Petitioners, who is the husband of the de facto complainant is the accused in C.C. No. 169 of 2009 on the file of the J.F.C.M., Adoor for an offence punishable under Section 498A I.P.C.
Accordingly, this Criminal Miscellaneous Case is allowed.. C.C. No. 169 of 2009 pending before the Judicial First Class Magistrate Court, Adoor shall stand quashed.
V. RAMKUMAR, (JUDGE).
sj
3 issues framed by the court
Whether the powers under Section 482 Cr.P.C. can be invoked to quash proceedings under Section 498A IPC despite the offence being non-compoundable.
Whether the resolution of disputes between marital partners warrants bringing about a premature termination of the prosecution.
Whether the continuance of criminal prosecution against the petitioners constitutes an avoidable irritant following subsequent settlement.
Colour shows how this judgement treated each authority
B.S. Joshi v. State of HaryanaApplied¶24
B.S. Joshi v. State of Haryana (AIR 2003 SC 1386) · Who else cites this
2 provisions across 2 enactments
Varughese Abraham
State of Kerala
Sherly C. Mathew
V. Ramkumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
