IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 28TH JUNE 2010 / 7TH ASHADHA 1932 Crl.MC.No. 2187 of 2010() ------------------------- PETITIONERS: --------------- 1. KARTHYAYINI.W/O.LATE KOCHURAMAN, AGED 77 YEARS,VALTHARA HOUSE, PULLUT VILLAGE, KODUNGALLUR TALUK,THRISSUR DISTRICT. 2. INDIRA, AGED 40 YEARS, D/O.LATE KOCHURAMAN, VALTHARA HOUSE & W/O. SUNIL, POOVANTHARA HOUSE, PULLUT VILLAGE, KODUNGALLUR TALUK, THRISSUR DISTRICT. BY ADV. SRI.BABU KARUKAPADATH SMT.M.A.VAHEEDA BABU SRI.K.A.NOUSHAD SRI.P.G.PRAMOD RESPONDENTS: --------------- 1. SHEELA, D/O.KUMARAN, PADIYATH HOSUE, MADAVANA DESOM, ERIYAD VILLAGE, KODUNGALLUR TALUK. 2. STATE OF KERALA REPRESENTED BY SUB INSPECTOR OF POLICE,KODUNGALLUR POLICE STATION THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.C.S.HRITHIK ADV. SRI.M.B.AJAYAKUMAR FOR R1 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 28/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. ------------------------------------- Crl.M.C.No.2187 of 2010 -------------------------------------- Dated this the 28th day of June, 2010 ORDER Petitioners are the accused in Crime No.622/2010 on the file of the Kodungallur Police Station for offences punishable under Sections 498A read with Section 34 I.P.C. 2. In the light of the subsequent settlement of the dispute between the marital parties, the petitioners have approached this Court by invoking the powers under Section 482 Cr.P.C. Having regard to the resolution of the disputes between the marital parties, continuance of the criminal prosecution against the petitioners is an avoidable irritant. 3. Eventhough the offence under Section 498 A read with Section 34 I.P.C. is not compoundable, in the light of the decision of the Apex Court in B.S. Joshi v. State of Haryana (AIR 2003 SC 1386), the powers under Section 482 Cr.P.C. can be invoked by this Court to bring about premature termination of the prosecution. Crl.M.C.No.2187/2010 : 2 : Accordingly, this Criminal Miscellaneous Case is allowed and the F.I.R. in the above crime shall stand quashed. V.RAMKUMAR, JUDGE skj