IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 21ST FEBRUARY 2008 / 2ND PHALGUNA 1929 Crl.MC.No. 772 of 2008() ------------------------ CC.677/2007 of JUDL. MAGISTRATE OF FIRST CLASS COURT-III,NEYYATTINKARA .................... PETITIONER: ACCUSED 1 TO 3 -------------------------------------------------- 1. SUJITH KUMAR @ BIJU, S/O.SUKUMARA PANICKER, N.S.NIVAS, AMBAYAMTHALA, KUNNATHUKAL VILLAGE, KUNNATHUKAL DESOM. 2. SUKUMARA PANICKER, S/O.KESAVAN, N.S.NIVAS, AMBAYAMTHALA, KUNNATHUKAL VILLAGE, KUNNATHUKAL DESOM. 3. NALINI, D/O.KAMALAKSHI, N.S.NIVAS, AMBAYAMTHALA, KUNNATHUKAL VILLAGE, KUNNATHUKAL DESOM. BY ADV. SRI.R.GOPAN RESPONDENTS: DEFACTO COMPLAINANT & STATE ------------------------------------------------------------------------------------ 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SREERANJINI, D/O.VIMALA, RANJINI NIVAS, NARAYANANPURAM, KOTTUKAL VILLAGE, KOTTUKAL DESOM. BY ADV. SRI.G.SUDHEER PUBLIC PROSECUTOR SRI.PUZHAKKARA MUHAMMED. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 21/02/2008 , THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. = = = = = = = = = = = Crl.M.C.No.772 of 2008 = = = = = = = = = = = = = = Dated this the 21st day of February, 2008 O R D E R The petitioners who are the husband, father-in-law and mother-in-law of the de facto complainant, are the accused in C.C.No.677 of 2007 on the file of J.F.C.M-III, Neyyattinkara for offences punishable, inter alia, under Section 498A IPC. 2. The learned counsel for the 2nd respondent admitted that the disputes has since been settled between the marital parties. 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. 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 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.677/2007 pending before the Judicial First Class Magistrate Court-III, Neyyattinkara shall stand quashed. (V.RAMKUMAR, JUDGE) sj Crl.M.C.No./07 2 Crl.M.C.No./07 3