IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 3RD DECEMBER 2010 / 12TH AGRAHAYANA 1932 Crl.Rev.Pet.No. 1714 of 2008() ---------------------------------------------- CRA.NO.865/2006 OF SESSIONS COURT, KOZHIKODE CC.NO.155/2004 OF JUDICIAL FIRST CLASS MAGISTRATE COURT I, THAMARASSERY. .......... REVISION PETITIONER/APPELLANT/ACCUSED.NO.1: ------------------------------------------------------------------------------- A.V.ABDUL NAZAR, S/O.ATHRUMAN, AGED 30 YEARS, NARAYANAN KUNNUMMAL HOUSE, KEDAVOOR AMSOM DESOM, KOZHIKODE. BY ADV. SRI.SUNNY MATHEW RESPONDENT/RESPONDENT/COMPLAINANT: -------------------------------------------------------------------- STATE OF KERALA THROUGH THE SUB INSPECTOR OF POLICE, THAMARASSERY POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. V. TEKCHAND THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 03/12/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss V. RAMKUMAR, J. = = = = = = = = = = = = = = = = = = Crl.R.P.No.1714 of 2008 = = = = = = = = = = = = = = = = == Dated: 03.12.2010 ORDER Petitioner, who is the accused in C.C.No.155/2004 on the file of the J.F.C.M-I, Thamarassery for an offence punishable under Sec. 498A I.P.C, seeks to quash the proceedings against him on the ground that the marital partners have subsequently settled their disputes. 2. In the light of the subsequent settlement of the dispute between the marital partners, the petitioner has approached this Court by invoking the powers under Sections 397 and 401 Cr.P.C. 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. 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 Crl. R.P. No.1714 of 2008 2 about a premature termination of the prosecution. In order to enable this Court to exercise its powers under Section 482 Cr.P.C, this Crl.R.P. has to be converted into a Crl.M.C. Accordingly, this Criminal Revision Petition is converted into a Criminal Miscellaneous Case which shall be sent up to this Court for orders. V. RAMKUMAR, (JUDGE). sj