IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 29TH JANUARY 2008 / 9TH MAGHA 1929 Crl.MC.No. 2665 of 2007() ------------------------- CC.83/2006 of JUDL.MAGISTRATE OF FIRST CLASS-II, CHENGANNUR .................... PETITIONER: ------------ SHERRY KURIAN, S/O EAPEN KURIAN, AMBATTUPUTHENPURAYIL, KARIKATTOOR CENTRE, MANIMALA, KOTTAYAM NOW EMPLOYED AT STEEL DEPARTMENT, DRY DOCK, U.A.E. BY ADV. SRI.K.GOPALAKRISHNA KURUP RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. 2. SHEEBA K.CHERIAN, KEERIKATTU BETHEL, KOZHUVALLUR P.O., VENMONY VILLAGE, CHENGANNUR TALUK. BY ADV. SRI.S.HARIKRISHNAN SRI. M.S. BREEZE, PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 29/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. = = = = = = = = = = = Crl.M.C.No 2665 of 2007 = = = = = = = = = = = = = = Dated this the 29th day of January, 2008 O R D E R The petitioner, who is the husband of the de facto complainant, is the accused in C.C.No.83 of 2006 on the file of the J.F.C.M-II, Chengannur. His case was split up and transferred to the Long Pending Register as L.P.No.63of 2007 before the J.F.C.M-II, Chengannur for an offence punishable under Section 498A IPC. 2. In light of the subsequent settlement of the dispute between the marital partners, the petitioner has approached this Court for quashing the said proceedings by invoking the powers under Section 482 Cr.P.C. The learned counsel for the 2nd respondent/wife also admitted that the matrimonial dispute has subsequently been settled between the marital partners. Having regard to the resolution of the disputes between the marital partners, continuance of the criminal prosecution against the petitioner 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 L.P.No.63/2007 pending before the Judicial First Class Magistrate Court-II, Chengannur 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