IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 27TH MAY 2010 / 6TH JYAISHTA 1932 Crl.MC.No. 1766 of 2010() ------------------------- CC.960/2008 of JUDL. MAGISTRATE OF FIRST CLASS, KOTTAYAM .................... PETITIONER(S): ACCUSED ---------------------- JAI JACOB ABRAHAM, AGED 36 YEARS, S/O.LATE K.C.ABRAHAM, KANNUKUZHIYIL HOUSE, PAMPADY KARA, ALA VILLAGE, KOTTAYAM. BY ADV. SRI.MOHAN JACOB GEORGE SRI.SIBY CHENAPPADI S. RESPONDENT(S): STATE/DEFACTO COMPLAINANT ---------------------------------------- 1. STATE OF KERALA REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, (S.I.OF POLICE PAMPADY POLICE STATION). 2. UNNI MARY THOMAS @ RIPSY, AGED 30 YEARS, D/O.LATE K.O.THOMAS, KUTTIPPARAMPIL HOUSE, ALA NORTH, ALA VILLAGE, CHENGANNUR TALUK. PUBLIC PROSECUTOR MR.S.U.NAZER SRI.IYPE JOSEPH FOR R2 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 27/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = Crl.M.C.No.1766 of 2010 = = = = = = = = = == Dated: 27th day of May, 2010 ORDER Petitioner, who is the accused in C.C.No.960/2008 on the file of the J.F.C.M. Court-I, Kottayam 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 petitioner has 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 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 about premature termination of the prosecution. Crl.M.C.No.1766 of 2010 2 Accordingly, this Criminal Miscellaneous Case is allowed. C.C.No.960/2008 pending before the Judicial First Class Magistrate Court-I, Kottayam shall stand quashed. Sd/- V. RAMKUMAR, (JUDGE). dmb The number “C.C 960/2008” occurring in the first paragraph and in the last sentence in last paragraph of the order dated 27/05/2010 in Crl.M.C 1766/2010 is corrected and substituted as “CC No.37/2010” as per order dated 17/06/2010 in Crl.M.A 3216/2010 in Crl.MC 1766/2010. Sd/- Registrar (Judicial)