IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 6TH SEPTEMBER 2010 / 15TH BHADRA 1932 Crl.MC.No. 3671 of 2010() ------------------------- CC.788/2010 of JUDL.MAGISTRATE OF FIRST CLASS, VADAKARA .................... PETITIONER(S): --------------- 1. SREEDHARAN.M.C AGED 39, S/O.LATE RAMAN SREE NIVAS HOUSE, MAYYANNOOR, VADAKARA AMSOM, CALICUT 2. MATHU, AGED 70, W/O.LATE RAMAN MEETHALECHEMMANIMAL HOUSE VILLAPPALLY P.O, VADAKARA 3. GOPALAN.M.C, AGED 45, S/O.LATE RAMAN MEETHALECHEMMANIMAL HOUSE VILLAPPALLY P.O, VADAKARA 4. SAJEEVAN.M.C, AGED 32, S/O.LATE RAMAN MEETHALECHEMMANIMAL HOUSE VILLAPPALLY P.O, VADAKARA 5. KRISHNAN @ KRISHNANKUTTY, AGED 34 S/O.LATE RAMAN, MEETHALECHEMMANIMAL HOUSE VILLAPPALLY P.O, VADAKARA 6. SUMATHY, AGED 37, W/O.BALAN VALANJANKANDI HOUSE, VALAYAM AMSOM PALLIYOTH P.O, CALICUT 7. BALAN, AGED 45, S/O.KUTTY VALANJANKANDI HOUSE, VALAYAM AMSOM PALLIYOTH P.O, CALICUT BY ADV. SRI.C.P.UDAYABHANU Crl.MC.No. 3671 of 2010 :2: RESPONDENT(S): --------------- 1. MINI.V., AGED 30 D/O.BALAKRISHNAN, VARAPURATH HOUSE CHEMMARATHUR AMSOM, DESOM, VATAKARA TALUK 2. STATE OF KERALA, REP. BY THE S.I. OF POLICE VADAKARA POLICE STATION, (CRIME NO.303/2010) REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM PUBLIC PROSECUTOR MR.M.S.BREEZE THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 06/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = Crl.M.C.No.3671 OF 2010 = = = = = = = = = = == Dated: 6th day of September, 2010 ORDER Petitioners, who are the accused Nos.1 to 7 in C.C.No.788/2010 on the file of the J.F.C.M.Court, Vadakara for an offence punishable under Sec. 498A I.P.C, seek to quash the proceedings against them 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 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. Crl.M.C.No.3671 OF 2010 2 Accordingly, this Criminal Miscellaneous Case is allowed. C.C.No.788/2010 pending before the Judicial First Class Magistrate Court, Vadakara shall stand quashed. V. RAMKUMAR, (JUDGE). dmb