IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 7TH JUNE 2010 / 17TH JYAISTHA 1932 Crl.MC.No. 1222 of 2010() ------------------------- CP.21/2009 of JUDL.MAGISTRATE OF FIRST CLASS, MUVATTUPUZHA .................... PETITIONER: ACCUSED -1 ------------------------- JOY MATHEW, AGED 52 YEARS, S/O. MATHEW, POTTACKAL HOUSE, RAKKAD, VALLAKAM, MEKKADAMBU.P.O, MUVATTUPUZHA. BY ADV. SRI.M.R.NANDAKUMAR RESPONDENTS: STATE AND COMPLAINANT ------------------------------------ 1. STATE OF KERALA, REPRESENTED BY THE PUBLIR PROSECUTOR, HIGH COURT OF KERALA. 2. STATION HOUSE OFFICER, MUVATTUPUZHA POLICE STATION, MUVATTUPUZHA. PUBLIC PROSECUTOR SHRI.S.U.NAZAR ADV. SRI.S.JAYAKRISHNAN FOR DEFACTO COMPLAI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 07/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. ------------------------------------- Crl.M.C.No.1222 of 2010 -------------------------------------- Dated this the 7th day of June, 2010 ORDER Petitioner is the accused in C.P.No.21/2009 on the file of the J.F.C.M. Muvattupuzha (Crime No.10/09) for an offence punishable under Sec. 308 I.P.C. This is an offshoot of the dispute between the marital partners. 2. In the light of the subsequent settlement of the dispute between the marital parties, the petitioner has approached this Court by invoking the power 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 petitioner is an avoidable irritant. 3. Eventhough the offence under Section 308 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 Crl.M.C.No.1222/2010 : 2 : termination of the prosecution. Accordingly, this Criminal Miscellaneous Case is allowed. C.P.No.21/2009 pending before the Judicial First Class Magistrate Court, Muvattupuzha shall stand quashed. V.RAMKUMAR, JUDGE skj