IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 20TH MAY 2010 / 30TH VAISAKHA 1932 Crl.MC.No. 1740 of 2010() ------------------------- CC.957/2007 of JUDL.MAGISTRATE OF FIRST CLASS-I, KOTTARAKKARA PETITIONER(S): DEFACTO COMPLAINANT --------------------------------------------------------------- BINU.K.S, D/O.ANANDAN PILLAI,RESIDING AT ANANDA BHAVAN,MARANGATTUKONAM,VALAKOM VILLAGE, KOLLAM DISTRICT. BY ADV. SRI.JOHNSON GOMEZ RESPONDENT(S): ACCUSED NOS.1,2 & 5 ------------------------------------------------------------- 1. THE STATE OF KERALA REPRESENTED THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM, THROUGH THE SUB INSPECTOR OF POLICE, KOTTARAKKARA POLICE STATION, KOLLAM. 2. HAREESH,S/O. VIJAYAN RESIDING AT SREEHARI,CHANDAVILA,UDIYARAMOOLA MURI, AYIROOPARA VILLAGE, THIRUVANANTHAPURAM. 3. PADMINI,D/O.THANKAMMA,RESIDING AT SREEHARI,CHANDAVILA,UDIYARAMOOLA MURI, AYIROOPARA VILLAGE, THIRUVANANTHAPURAM. 4. ANITHA, D/O.PADMINI,RESIDING AT SREEHARI,CHANDAVILA,UDIYARAMOOLA MURI, AYIROOPARA VILLAGE, THIRUVANANTHAPURAM. 5. VIJAYAN,S/O.MADHAVAN PILLAI,RESIDING AT SREEHARI,CHANDAVILA,UDIYARAMOOLA MURI, AYIROOPARA VILLAGE, THIRUVANANTHAPURAM. PUBLIC PROSECUTOR SRI.S.U.NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 20/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = = = = = Crl.M.C.No.1740 of 2010 = = = = = = = = = = = = = = = = = Dated: 20.05.2010 ORDER Petitioner, who is the de facto complainant in C.C. No.957 of 2007 on the file of the J.F.C.M-I, Kottarakkara for an offence punishable under Sec. 498A I.P.C read with 34 IPC seeks to quash the proceedings in the above case. 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 Section 482 Cr.P.C. Having regard to the resolution of the disputes between the marital partners, continuance of the criminal prosecution against the respondents herein 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.957/2007 pending before the Judicial First Class Magistrate Court, J.F.C.M- I, Kottarakkara shall stand quashed. V. RAMKUMAR, (JUDGE). sj