IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 1ST APRIL 2008 / 12TH CHAITHRA 1930 Crl.MC.No. 1411 of 2008() ------------------------- CC.125/2004 of CHIEF JUDICIAL MAGISTRATE COURT, KOLLAM .................... PETITIONER: -------------- 1. SHAJEEV, S/O. K. RAMACHANDRAN, MALAKAYAL THODIYIL VEEDU, NEDUNGOLAM, PARAVUR, KOLLAM. 2. SAROJINI, -DO- -DO- 3. SHEELA -DO- -DO- 4. KOCHUKUTTAN, -DO- -DO- BY ADV. SRI.G.BHAGAVAT SINGH RESPONDENTS/COMPLAINANT & STATE:- ---------------------------------------------- 1. THANKAMNI, D/O. SHOBHANA, AGED 33 YEARS, RESIDING AT MAHARAJA MANDIRAM, ULIYAKOVIL, KOLLAM. 2. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY ADV. SRI. M.S. BREEZE, PUBLIC PROSECUTOR SRI.NISHIL.P.S. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01.04.2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. =================== Crl.M.C. No. 1411 of 2008 = = = = = = = = = = = = = = Dated this the 1st day of April, 2008 O R D E R The petitioner who is the husband, mother-in-law, sister- in-law and brother-in-law of the de facto complainant, are the accused in C.C.No.125 of 2004 on the file of the Chief Judicial Magistrate, Kollam for an offence punishable under Section 498A IPC. 2. In light of the subsequent settlement of the dispute between the marital partners, the petitioners have approached this Court for quashing the said proceedings by invoking the powers under Section 482 Cr.P.C. The learned counsel for the 1st respondent/de facto complainant also admitted that the matrimonial dispute has since been settled between the marital partners. 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. Even though the offence under Section 498A I.P.C is not compoundable, in the light of the decision of the Apex Court in Crl.M.C.No. 1411 of 2008 2 B.S.Joshi vs. 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 and C.C.No. 125/2004 pending before the Chief Judicial Magistrate Court, Kollam shall stand quashed. V.RAMKUMAR, JUDGE. rv Crl.M.C.No. 1411 of 2008 3 Crl.M.C.No. 1411 of 2008 4 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007