IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 13TH AUGUST 2010 / 22ND SRAVANA 1932 Crl.MC.No. 3249 of 2010() ------------------------------------- CC.NO.792/2009 OF JFCM COURT I, CHAVAKKAD .. (CRIME NO.195/2009 OF CHAVAKKAD POLICE STATION) .... PETITIONER(S): ACCUSED 1 & 2: ------------------------------------------------- 1. MANOJ KUMAR, AGED 38 YEARS, S/O.RAMAKRISHNAN, KANJIRAPARAMPIL HOUSE, PUNNA DESOM, MANATHALA VILLAGE, CHAVAKKAD, THRISSUR. 2. CHANDRAMATHI, AGED 60 YEARS, W/O.RAMAKRISHNAN, KANJIRAPARAMPIL HOUSE, PUNNA DESOM, MANATHALA VILLAGE, CHAVAKKAD, THRISSUR. BY ADVS. SRI.M.R.DHANIL, SRI. LAZAR JOHN. RESPONDENT(S): COMPLAINANT/STATE: -------------------------------------------------------------- 1. BINDHU BHAI, D/O.BALAKRISHNAN, AGED 31 YEARS, THOTTUPURAKKAL HOUSE, PERUVALLOOR DESOM, ELAVALLI VILLAGE, PAVARATTY, THRISUR DISTRICT.(DEFACTO COMPLAINANT) 2. SUB INSPECTOR OF POLICE, (COMPLAINANT) CHAVAKKAD POLICE STATION, THRISSUR, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, COCHIN-682 031. 3. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, COCHIN-682 031. R1 BY ADV. SRI.JOBY JOSEPH (THRISSUR) R2 & R3 BY PUBLIC PROSECUTOR SRI. C.M. KAMMAPPU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 13/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss V. RAMKUMAR, J. = = = = = = = = = = = = = = = = = = Crl.M.C.No.3249 of 2010 = = = = = = = = = = = = = = = = == Dated: 13.08.2010 ORDER Petitioners, who are the accused in C.C. No.792/2009 on the file of the J.F.C.M-I, Chavakkad, for an offence punishable under Sec. 498A I.P.C, seek to quash the proceedings against them 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 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.792/2009 pending before the Judicial First Class Magistrate Court-I, Chavakkad shall stand quashed. V. RAMKUMAR, (JUDGE). sj