IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 28TH JULY 2010 / 6TH SRAVANA 1932 Crl.MC.No. 2987 of 2010() ------------------------- CC.399/2010 of CHIEF JUDITIAL MAGISTRATE COURT, THALASSERY .................... PETITIONER(S): ACCUSED ------------------------------------------- RIYAS.K.P., S/O.KUNHIMOOSA, AGED 45 YEARS, J.S.MANZIL, PONNIAM SARAMBI, KADIRUR AMSOM, PONNIAM DESOM, THALASSERY, KANNUR. BY ADV. SRI.C.P.PEETHAMBARAN RESPONDENT(S): STATE & DEFACTO COMPLAINANT ------------------------------------------------------------------------------------ 1. STATE OF KERALA, REPRESENTING S.H.O., KADIRUR POLICE STATION, KANNUR, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. P.K.NUZARETH, D/O.MAMMOTTI, SAFALA MANZIL, PARAL, KOOTHUPARAMBA, NARAVOOR AMSOM, THALASSERY TALUK, KANNUR DISTRICT. ADV. SMT.LISHA.M.G. FOR R2 PUBLIC PROSECUTOR SRI.C.S.HRITHWICK THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 28/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = = = = = = Crl.M.C.No.2987 of 2010 = = = = = = = = = = = = = = = = == Dated: 28.07.2010 ORDER Petitioner, who is the accused in C.C. No.399/2010 on the file of the Additional Chief Judicial Magistrate Court, Thalassery for an offence punishable under Sec. 498A I.P.C, seek to quash the proceedings against him 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 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 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.399/2010 pending before the Additional Chief Judicial Magistrate Court, Thalassery shall stand quashed. V. RAMKUMAR, (JUDGE). sj