IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 7TH JANUARY 2008 / 17TH POUSHA 1929 Crl.MC.No. 71 of 2008() ----------------------- CC.1674/2002 of JUDL.MAGISTRATE OF FIRST CLASS-I, ALUVA .................... PETITIONER: ------------------- SABU, AGED 42, S/O LATE KURUVILA, THOZHUPPADAN HOUSE, KARIMUGHAL, PUTHENCRUZ VILLAGE, ERNAKULAM DISTRICT. BY ADV. SRI.BABU KARUKAPADATH RESPONDENTS: ----------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. 2. GIJO ITTOOP, AGED 38, D/O ITTOOP, RAMANATTU HOUSE, EDAPPALLY, KOCHI-24. BY PUBLIC PROSECUTOR SRI.C.M.NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 07/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. = = = = = = = = = = = Crl.M.C.No.71 of 2008 = = = = = = = = = = = = = = Dated this the 7th day of January, 2008 O R D E R The petitioner who is the accused in C.C.No. 1674 of 2002. on the file of J.F.C.M-1, Aluva for an offence punishable under Section 498A IPC. 2. The learned counsel appearing for the petitioner as well as the learned counsel for the 2nd respondent submitted that the matter has been settled. 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. 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 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. 1674 /2002 pending before the Judicial First Class Magistrate Court-I, Aluva, shall stand quashed. (V.RAMKUMAR, JUDGE) sj Crl.M.C.No./07 2 Crl.M.C.No./07 3