IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 19TH MAY 2010 / 29TH VAISAKHA 1932 Crl.MC.No. 1708 of 2010() ------------------------- CC.316/2009 of JUDL.MAGISTRATE OF FIRST CLASS-II, KOLLAM PETITIONER(S): ----------- 1. MADHAVI, AGED 27 YEARS, W/O. SANTHOSH KUMAR, CHEBAKASSERIL VEEDU, KANNIMEL CHERRY, RAMANKULANGARA, KOLLAM (DE FACTO COMPLAINANT) 2. SANTHOSH KUMAR, AGED 35 YEARS, S/O. RAMACHANDRAN, DHANNYA, THOTTAPPALLI P.O. AMBALAPPUZHA (IST ACCUSED) 3. RAMACHANDRAN, S/O. PALANI, DHANNYA, THOTTAPPALLI P.O. AMBALAPPUZHA, (2ND ACCUSED) 4. OMANA, 2/O. RAMACHANDRAN, DHANNYA, THOTTAPPALLI P.O. AMBALAPPUZHA (3RD ACCUSED) BY ADV. SRI.V.JAYAPRADEEP RESPONDENT(S): ------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA PUBLIC PROSECUTOR SRI. S.U. NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 19/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ................................................. Crl.M.C. No. 1708 of 2010 ..................................................... Dated: 19-5-2010 ORDER Petitioners, who are the de facto complainant and the accused who are the husband , father-in-law and mother-in-law of the de facto complainant are the parties to C.C. No.316 of 2009 on the file of the J.F.C.M. II, Kollam for an offence punishable under Sec. 498A I.P.C. 2. In the light of the subsequent settlement of the dispute between the marital partners, the petitioners have 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. Annexure – AI charge sheet and all proceedings in C.C. No. 316 of 2009 pending before the Judicial First Class Magistrate Court -II shall stand quashed. Dated this the 19th day of May, 2010. V. RAMKUMAR, (JUDGE). ani/