IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 22ND FEBRUARY 2008 / 3RD PHALGUNA 1929 Crl.MC.No. 780 of 2008() ------------------------ CC.NO. 73 OF 2007 ON THE FILE OF THE CJM, KOTTAYAM PETITIONER: ACCUSED ------------------- 1. BINSU JOY, S/O. PROF.K.P.JOY, KALAPPURACKAL HOUSE, PUTHUPPALLY P.O., PUTHUPALLY KARA, PUTHUPPALLY VILLAGE, KOTTAYAM DISTRICT, KERALA STATE. 2. MRS.ANIYAMMA JOY, W/O.PROF.K.P.JOY, KALAPPURACKAL HOUSE, PUTHUPPALLY P.O., PUTHUPALLY KARA, PUTHUPPALLY VILLAGE, KOTTAYAM DISTRICT, KERALA STATE. 3. PROF.K.P.JOY, KALAPPURACKAL HOUSE, PUTHUPPALLY P.O., PUTHUPALLY KARA, PUTHUPPALLY VILLAGE, KOTTAYAM DISTRICT, KERALA STATE. BY ADV. SRI. ALEX GEORGE RESPONDENTS: ------------- 1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. ANLY ANNUM.P.ASHLY, PANAVELI HOUSE, MANDAMARUTHI BHAGAM, MAKKAPPUZHA KARA, CHETHACKAL VILLAGE, RANNY TALUK, PATHANAMTHITTA DISTRICT, KERALA STATE. PUBLIC PROSECUTOR SRI. M.S.BREEZE BY ADV. SRI.KOSHY GEORGE THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 22/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * Crl.M.C. No. 780 of 2008 * * * * * * * * * * * * * * * * * * Dated: 22-02-2008 ORDER Petitioners are accused Nos. 1 to 3 in C.C. No. 73 of 2007 on the file of the Chief Judicial Magistrate, Kottayam. 2. In the light of the subsequent settlement of the dispute between the marital parties, the petitioner has approached this Court by invoking the powers under Section 482 Cr.P.C. Having regard to the resolution of the disputes between the marital parties, 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 premature termination of the prosecution. Accordingly, this Criminal Miscellaneous Case is allowed. C.C. No. 73 of 2007 pending before the Chief Judicial Magistrate Court, Kottayam shall stand quashed. Sd/-V. RAMKUMAR, (JUDGE) ani /true copy/