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Kerala HC-IPC 498a Quashed-Mutual Compromise

IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.MC.No. 4149 of 2010()

 

1. NOUSHAD

… Petitioner

Vs

1. ZULAIKABI C.H

… Respondent

For Petitioner :SRI.T.B.SHAJIMON For Respondent :SRI.SIJU MATHEW The Hon’ble MR. Justice V.RAMKUMAR Dated :11/10/2010

O R D E R

M.SASIDHARAN NAMBIAR, J.

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Crl.M.C No.4149 of 2010

————————–

Dated this the 11th October, 2010 O R D E R

Petitioner is the accused and 1st respondent the de facto complainant in C.C No.426/2009 on the file of the Chief Judicial Magistrates Court, Kasaragod taken cognizance for the offences under Sections 341, 323 and 498 A of I.P.C on Annexure A1 final report. Petitioner and 1st respondent are husband and wife. Petition is filed under Section 482 of Cr.P.C contending that the entire matrimonial disputes were settled and consequent to the settlement, 1st respondent has no subsisting grievance against the petitioner and therefore the case is to be quashed.

2. First respondent appeared through counsel and filed a joint petition along with the petitioner stating that the entire matrimonial disputes were settled and consequent to the settlement, 1st respondent has compounded the offence and therefore the case pending before Chief Judicial Magistrate Court, Kasaragod is to be quashed.

3. Learned counsel appearing for the petitioner, 1st respondent and learned Public Prosecutor were heard.

4. The offences under Section 341 and 323 of Indian Penal Code are compoundable offences. First respondent the injured who was allegedly restrained by the petitioner is therefore competent to compound the offence though an offence under Section 498A is not compounded. As held by the Apex Court in B.S Joshi and others Vs. State of Haryana and another ( 2003 (4) SCC 675) when matrimonial disputes are settled amicably it is not in the interest of justice to stand on technicalities and continue the prosecution and jeopardise the settlement of matrimonial disputes. Hence the joint statement filed by the 1st respondent establishes that she has already compounded the compoundable offences and settled the matrimonial disputes also. In such circumstances, it is not in the interest of justice to continue the prosecution. Petition is allowed. C.C No.426 of 2009 on the file of Chief Judicial Magistrates Court, Kasaragod is quashed. M.SASIDHARAN NAMBIAR

JUDGE

ma

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