IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 11TH APRIL 2008 / 22ND CHAITHRA 1930 Crl.MC.No. 366 of 2008() ---------------------------- C.C. NO. 677/2007 of JUDICIAL FIRST CLASS MAGISTRATE, ERATTUPETTA PETITIONER: ACCUSED ------------------- SANJEEVE, PARACKAL HOUSE, NADACKAL KARA, ERATTUPETTA VILLAGE. BY ADV. SRI.BABY THOMAS SRI. GIGIMON ISSAC RESPONDENTS: COMPLAINANT ------------------------ 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. ADDL. R2 IMPLEADED 2. HASEENA, AGED 26, D/O. LATHEEF, PULITHOTTIL HOUSE, THEKKEKKARA, ERATTUPETTA VILLAGE. (ADDL. R2 IMPLEADED AS PER ORDER DT. 21.02.2008 IN CRL.M.A. NO. 1091/2008) BY ADV. SRI. K.S. SIVAKUMAR, PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 11/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. =================== Crl.M.C. No. 366 of 2008 = = = = = = = = = = = = = = Dated this the 11th day of April, 2008 O R D E R The petitioner, who is the husband of the de facto complainant, is the accused in C.C.No. 677 of 2007 on the file of Judicial First Class Magistrate-Erattupetta for an offence punishable under Section 498A IPC. 2. In light of the subsequent settlement of the dispute between the marital partners, the petitioner has approached this Court for quashing the said proceedings by invoking the powers under Section 482 Cr.P.C. The learned counsel appearing for the 2nd respondent wife 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 petitioner 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 Crl.M.C.No.366 of 2008 2 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, Erattupetta shall stand quashed. V.RAMKUMAR, JUDGE. rv Crl.M.C.No.366 of 2008 3 Crl.M.C.No.366 of 2008 4 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007