IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 11TH JULY 2008 / 20TH ASHADHA 1930 Crl.MC.No. 2381 of 2008() ------------------------- CRL.APPEAL NO.107/96 OF ADDL.SESSIONS COURT, KOLLAM C.C.NO.7/93 OF MUNSIFF MAGISTRATE COURT, PARAVOOR PETITIONER: COMPLAINANT ----------------------- SARADA LEELAMONY, THENGAZHIKATHU VEEDU, MYLAKKADU CHERRY, ADICHANALLOOR VILLAGE, NOW RESIDING AT POYKAYIL VEEDU, EDVATTOM CHERRY, CHIRAKKARA VILLAGE, KOLLAM TALUK. BY ADV. SRI.BIMAL K.NATH RESPONDENTS: ACCUSED -------------------- 1. RAMAN SIVADASAN, POYKAYIL VEEDU, EDAVATTOM CHERRY, CHIRAKKARA VILLAGE, KOLLAM TALUK. 2. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.AMJAD ALI ADV. SRI.B.PREMOD FOR R1 THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 11/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ Crl.M.C. No.2381 of 2008 ------------------------------------- Dated this the 11th day of July, 2008 ORDER Petitioner is the complainant in a prosecution under Section 498 A I.P.C. Cognizance was taken on the basis of a private complaint filed by the petitioner. The 1st respondent is the sole accused. He is the husband of the petitioner. The trial court found the 1st respondent guilty. He was convicted and sentenced. He preferred an appeal. The appeal was dismissed. The verdict of guilty, conviction and sentence were upheld. The 1st respondent did not challenge the order. But the petitioner and the 1st respondent settled their disputes and started harmonious co-habitation. They having settled the matter, they thought that no further steps need be taken. Law has slowly caught up. The petitioner was arrested in execution of the sentence imposed on him. He was sent to prison. The execution of the sentence was a surprise and a bolt from blue for the spouses. After the 1st respondent was taken to prison, the petitioner has rushed to this Court with this petition praying that powers under Section 482 Cr.P.C may be invoked to quash the verdict of guilty, conviction Crl.M.C. No.2381 of 2008 2 and sentence imposed on the 1st respondent. It is submitted that even during the pendency of the appeal spouses had settled their disputes and they had started harmonious co-habitation. The 1st respondent/accused had not instructed their counsel. But the counsel had argued the matter. He had hence omitted to bring to the notice of the appellate court the fact that the matter has been settled. The appeal filed in 1996 was disposed of ultimately only in 2003. 2. The petitioner has come to this Court with this petition requesting the Court to quash the sentence imposed on her husband the 1st respondent. Technically it can certainly be stated that the 1st respondent must prefer a revision petition along with an application for condonation of delay and in such revision he must raise the contention that the matter has been settled between the parties. But the 1st respondent was in prison when this petition was filed. I have therefore chosen to ignore technicalities and I am satisfied that the law must come to the rescue of the petitioner and the 1st respondent, spouses who have harmoniously resumed co-habitation long back. I am justified in invoking the jurisdiction under Section 482 Cr.P.C on the principles accepted by the Supreme Court in B.S.Joshy v. State Crl.M.C. No.2381 of 2008 3 of Haryana [A.I.R (2003) SC 1386]. As per interim order dated 24.06.08, this Court had directed that the 1st respondent/accused in custody must be released forthwith. It is submitted that he has already been released also. 3. In the result: i) This Crl.M.C is allowed; ii) The verdict of guilty, conviction and sentence imposed on the 1st respondent/accused as per judgment dated 20.09.96 in C.C.No.7 of 1993 of the Munsiff Magistrate, Paravoor and upheld by the appellate court (Ist Additional Sessions Court, Koallam) as per judgment dated 29.07.03 in Crl.Appeal No.107 of 1996 is hereby quashed. (R.BASANT, JUDGE) rtr/-