IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 2ND JANUARY 2008 / 12TH POUSHA 1929 Crl.MC.No. 20 of 2008() C.C. NO. 327/2007 of JFCM, VAIKOM CRIME NO. 102/2007 of KADUTHURUTHY POLICE STATION PETITIONER: A1 TO A5 1. GEORGE THOMAS @ JOJI, AGED 36, S/O THOMAS, MANDAPATHIL HOUSE, KURUPPANTHARA, KOTTAYAM. 2. THOMAS @ APPACHAN, AGED 65, S/O THOMAS, MANDAPATHIL HOUSE, KURUPPANTHARA, KOTTAYAM. 3. ALICE THOMAS, AGED 60, W/O THOMAS, MANDAPATHIL HOUSE, KURUPPANTHARA, KOTTAYAM. 4. AJI THOMAS, AGED 35, S/O THOMAS, MANDAPATHIL HOUSE, KURUPPANTHARA, KOTTAYAM. 5. CINIMOL, AGED 32, W/O AJI THOMAS, MANDAPATHIL HOUSE, KURUPPANTHARA, KOTTAYAM. BY ADV. SRI.C.P.UDAYABHANU RESPONDENTS: COMPLAINANT 1. SWAPNA GEORGE, AGED 34, W/O GEORGE THOMAS, MANDAPATHIL HOUSE, KURUPPANTHARA, KOTTAYAM. 2. STATE OF KERALA, REPRESENTED BY S.I. OF POLICE, KADUTHURUTHY POLICE STATION (CRIME NO.102/2007) REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. BY ADV. SRI.C.R.RAJ SRI. PUZHAKKARA MUHAMMED, PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 02/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. = = = = = = = = = = = Crl.M.C.No 20 of 2008 = = = = = = = = = = = = = = Dated this the 2nd day of January, 2008 O R D E R The petitioners who are the husband, father-in-law, mother- in-law, brother-in-law and sister-in-law of the de facto complainant, are the accused in C.C.No. 327 of 2007 on the file of J.F.C.M, Vaikkom for an offence punishable under Section 498A IPC. 2. In light of the subsequent settlement of the dispute between the marital partners, the petitioners have approached this Court for quashing the said proceedings by invoking the powers under Section 482 Cr.P.C. Having regard to the resolution of the disputes between the marital partners, continuance of the criminal prosecution against the petitioners is an avoidable irritant. 3. Even though the offence under Section 498A I.P.C is not compoundable, in the light of the decision of the Apex Court in B.S.Joshi vs. State of Haryana [AIR 2003 SC 1386], the powers under Section 482 Cr.P.C can be invoked by this Court to bring about a premature termination of the prosecution. Accordingly, this Criminal Miscellaneous Case is allowed and C.C.No. 327/2007 pending before the Judicial First Class Magistrate Court, Vaikkom shall stand quashed. (V.RAMKUMAR, JUDGE) rv Crl.M.C.No./07 2 Crl.M.C.No./07 3 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007