IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 24TH MAY 2010 / 3RD JYAISHTA 1932 Crl.MC.No. 1276 of 2010() ------------------------- CRIME NO.354/2009 OF MUNAMBAM POLICE STATION PETITIONER(S): ------------------------ 1. SUJITH,S/O.BALAKRISHNAN,JAYA VIHAR, VEETUTHARA,NEAR VETHALAM TEMPLE,PALLIPPURAM, CHERAI. 2. JAYALAKSHMI,W/O.BALAKRISHNAN, JAYA VIHAR,VETTUTHARA,NEAR VETHALAM TEMPLE, PALLIPPURAM,CHERAI. BY ADV. SRI.S.RAJEEV RESPONDENT(S): ------------------------ 1. STATE OF KERALA,REP.BY PUBLIC PROSECUTOR HIGH COURT OF KERALA,ERNAKULAM(CRIME NO.354/2009 OF MUNAMBAM POLICE STATION) 2. MANJU,AGED 24 YEARS, D/O.GOPALAN,RUGMINIYAM KOTTAZHATHPARAMBIL, ESHIKARA VILLAGE,NORTH PARAVUR TALUK, ERNAKULAM DISTRICT. ADV. SRI. VINODKUMAR PUBLIC PROSECUTOR SRI.S.U.NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 24/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = = = = = = Crl.M.C.No.1276 of 2010 = = = = = = = = = = = = = = = = == Dated: 24.05.2010 ORDER Petitioners, who are the husband and mother-in-law of the de facto complainant are the accused in C.C. No.429 of 2010 on the file of the J.F.C.M, North Paravur for an offence punishable under Sec. 498A I.P.C. 2. In the light of the subsequent settlement of the dispute between the marital partners, 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 partners, 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 a premature termination of the prosecution. Accordingly, this Criminal Miscellaneous Case is allowed. C.C.No.429 of 2010 pending before the Judicial First Class Magistrate Court, North Paravur shall stand quashed. V. RAMKUMAR, (JUDGE). sj