IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 11TH JUNE 2010 / 21ST JYAISTHA 1932 Crl.MC.No. 1200 of 2010() ------------------------- CC.1132/2010 of JUDL.MAGISTRATE OF FIRST CLASS-II, KOLLAM .................... PETITIONER(S): ACCUSED ---------------------- 1. JOY MARTIN @ MARTIN GOMEZ, S/O.ANTONY GOMEZ, LINKOTTU VEEDU, ST.ANDRAS, MEENAMKULAM,KAZHAKUTTAM, THIRUVANANTHAPURAM. 2. LINDA GOMEZ,S/O.ANTONY GOMEZ, ST.ANDRAS, MEENAMKULAM KAZHAKUTTAM, THIRUVANANTHAPURAM. 3. ANTONY F.GOMEZ,S/O.FRANCIS GOMEZ, LINKOTTU VEEDU, ST.ANDRA, MEENAMKULAM,KAZHAKUTTAM, THIRUVANANTHAPURAM. BY ADV. SRI.C.RAJENDRAN RESPONDENT(S): COMPLAINANT -------------------------- 1. THE STATE OF KERALA, REPRESNTED BY THE SUB-INSPECTOR OF POLICE, KOTTIYAM POLICE STATION THROUGH THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. 2. SANDHYA PEREIRA, D/O.SISILY PEREIRA NJARAKKAL HOUSE, PULLICHIRA, MAYYANADU VILLAGE, THEKKUMKARA CHERRY, KOLLAM. ADV. SMT.BABY JOSE FOR R2 PUBLIC PROSECUTOR MR. S.U.NAZER THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 11/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = Crl.M.C.No.1200 of 2010 = = = = = = = = = == Dated: 11th day of June 2010 ORDER Petitioners, who are the accused Nos.1 to 3 in C.C. No.1132 of 2010 on the file of the J.F.C.M.Court-II, Kollam, for an offence punishable under Sec. 498A I.P.C, seek to quash the final report and all further proceedings against the petitioners. 2. In the light of the subsequent settlement of the dispute between the marital parties, 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 parties, continuance of the criminal prosecution against the petitioners is an avoidable irritant. 3. Even though 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. Crl.M.C.No.1200 of 2010 2 Accordingly, this Criminal Miscellaneous Case is allowed. C.C. No.1132 of 2010, pending before the Judicial First Class Magistrate Court-II, Kollam, shall stand quashed. V. RAMKUMAR, (JUDGE). dmb