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K.S.RAMESH versus STATE OF KERALA

High Court of Kerala

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K.S.RAMESH v. STATE OF KERALA - Crl MC No. 4078 of 2006 [2006] RD-KL 3955 (20 December 2006)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl MC No. 4078 of 2006()

1. K.S.RAMESH
... Petitioner

Vs

1. STATE OF KERALA
... Respondent

For Petitioner :SMT.VEENA KRISHNAN

For Respondent :SMT.R.PADMAKUMARI

The Hon'ble MR. Justice R.BASANT

Dated :20/12/2006

O R D E R

R.BASANT, J

Crl.M.C.No.4078 of 2006

Dated this the 20th day of December 2006

O R D E R

A crime has been registered under Section 498(A) I.P.C by the Muvattupuzha police on 08/11/2006. That crime was registered on the basis of a complaint filed by the second respondent herein, the wife of the petitioner. Investigation is in progress. In the meantime, parties have settled their disputes. They have resumed co-habitation. Harmony has been restored in the matrimony. In these circumstances, it is prayed that the crime registered against the petitioner may be quashed.

2. The offence under Section 498(A) I.P.C is not compoundable. However, the dictum in B.S.Joshi vs. State of Haryana [AIR 2003 SC 1386] clearly permits the court to accept such a composition in the interests of matrimonial harmony and in the interests of justice. I am satisfied from the submissions made by the learned counsel for the rival contestants before the court and by the affidavit filed by the second respondent that the matter has been settled between the parties and the second respondent/defacto complainant has compounded the offence Crl.M.C.No.4078/06 2 allegedly committed by the petitioner. The composition can, in these circumstances, be accepted in fact. The proceedings initiated against the petitioner can be quashed invoking the powers under Section 482 Cr.P.C.

3. In the result, this Criminal Miscellaneous Case is allowed. Crime No.7229/2006 registered before the Muvattupuzha police station shall stand quashed. No further steps shall be taken by the police in the matter.

(R.BASANT, JUDGE)

jsr Crl.M.C.No.4078/06 3 Crl.M.C.No.4078/06 4

R.BASANT, J

C.R.R.P.No.

ORDER

21ST DAY OF JULY 2006


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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