IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 19TH MARCH 2008 / 29TH PHALGUNA 1929 Crl.MC.No. 1204 of 2008() ------------------------- C.C.NO.181/2006 OF ADDL.CHIEF JUDICIAL MAGISTRATE, ERNAKULAM PETITIONER: ------------ 1. VENUGOPAL,S/O.RAVEENDRAN,MAKKASSERY HOUSE,KUMBALAM VILLAGE,PANANGAD,ERNAKULAM DISTRICT 2. VILASINI,W/O.RAVEENDRAN,MAKKASSERY HOUSE KUMBALAM VILLAGE,PANANGAD,ERNAKULAM DISTRICT. 3. RASHMI,D/O.RAVEENDRAN,MAKKASSERY HOUSE, KUMBALAM VILALGE,PANANGAD,ERNAKULAM DISTRICT. BY ADV. SMT.K.GIRIJA RESPONDENTS: ------------- 1. SUNITHA,AGED 28,D/O.K.K.NARAYANAN, PATHINETTIL CHIRA,PADINJAREKARA (P.O) VALLAKOM,VAIKOM. 2. STATE OF KERALA REPRESENTED BY SUB INSPECTOR OF POLICE,PANANGAD. BY ADV. SMT.MARY DIAS PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 19/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. = = = = = = = = = = = Crl.M.C.No. 1204 of 2008 = = = = = = = = = = = = = = Dated this the 19 th day of March, 2008 O R D E R The petitioners are the accused in C.C.No.181 of 2006 on the file of Addl. Chief Judicial Magistrate, Ernakulam for an offence punishable under Section 498A IPC. 2. The learned counsel for the 1st respondent/ complainant submits that the disputes have 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.181/2006 pending before the Addl. Chief Judicial Magistrate, Ernakulam, shall stand quashed. (V.RAMKUMAR, JUDGE) sj Crl.M.C.No./07 2 Crl.M.C.No./07 3