IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 13TH MARCH 2008 / 23RD PHALGUNA 1929 Crl.MC.No. 1110 of 2008() ------------------------- CC.92/2007 of CHIEF JUDICIAL MAGISTRATE COURT, PATHANAMTHITTA .................... PETITIONER: ACCUSED ------------------- SUJITH, AGED 30 YEARS, S/O.SREEDHARAN RAMAN CHIRA, PUTHUPPARAMBIL, VARYAPURAM NANNUVAKKAD MURI, PATHANAMTHITTA. BY ADV. SRI.M.T.SURESHKUMAR SRI.V.V.RAJA RESPONDENTS: DEFACTO COMPLAINANT AND STATE ------------------------------------------ 1. SURYA, AGED 22, D/O.GEETHA GEETHALAYAM, RANNI, PERUNAD VILLAGE PATHANAMTHITTA DISTRICT. 2. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. BY ADV. SRI.AJEESH K.SASI BY PUBLIC PROSECUTOR SRI. K.S. SIVAKUMAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 13/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * Crl.M.C. No. 1110 of 2008 * * * * * * * * * * * * * * * * * * Dated: 13-03-2008 ORDER Petitioner is the first accused in C.C. No. 92 of 2007 on the file of the Chief Judicial Magistrate, Pathanamthitta. 2. In the light of the subsequent settlement of the dispute between the marital parties, the petitioner has approached this Court by invoking the powers under Section 482 Cr.P.C. The learned counsel for the first respondent/de facto complainant admitted that the matter has since been settled between the marital partners. 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 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. Accordingly, this Criminal Miscellaneous Case is allowed. C.C. No. 92 of 2007 pending before the Chief Judicial Magistrate, Pathanamthitta, shall stand quashed. V. RAMKUMAR, (JUDGE) ani ani.