IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 21ST MAY 2010 / 31ST VAISAKHA 1932 Crl.MC.No. 1043 of 2010(C) -------------------------------------- [CC.NO.20/2009 OF JUDL.MAGISTRATE OF FIRST CLASS-II, ALUVA] .................... PETITIONERS/PETITIONERS/ACCUSED: --------------------------------------------------------- 1. PAUL CRISANTH, S/O. LATE T.AUGUSTINE PAUL, THAIPARAMBIL HOUSE, NAGAMPADAM, KOTTAYAM. 2. MARIYAMMA PAUL, W/O. LATE T.AUGUSTINE PAUL, THAIPARAMBIL HOUSE, S.H MOUNT P.O., KOTTAYAM. BY ADVS. SRI.PREMCHAND R.NAIR, SRI.V.P.PRASANTH. RESPONDENTS/STATE & COMPLAINANT: ------------------------------------------------------------ 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA. 2. SHINI CRISANTH, W/O. PAUL CRISANTH, MANIMALAYIL HOUSE, UDAMBANOOR.P.O., AMAYAPARA, IDUKKI DISTRICT, PRESENTLY RESIDING AT 'GOWRI KRISHNA', PEECHINGAPATAMBU ROAD, EDAPPALLY, KOCHI-24. R1 BY PUBLIC PROSECUTOR SRI. C.S.HRITWIK, R2 BY ADV. SRI.TOJAN J. VATHIKULAM. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 21/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. V. RAMKUMAR, J. = = = = = = = = = = Crl.M.C.No.1043 of 2010 = = = = = = = = = == Dated: 21st day of May, 2010 ORDER Petitioners are the accused in C.C. No.20 of 2009 on the file of the J.F.C.M.Court-II, Aluva for an offence punishable under Sec. 498A 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 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.1043 of 2010 2 Accordingly, this Criminal Miscellaneous Case is allowed. C.C No.20 of 2009 pending before the Judicial First Class Magistrate Court, Aluva shall stand quashed. V. RAMKUMAR, (JUDGE). dmb