IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 23RD JUNE 2010 / 2ND ASHADHA 1932 Crl.MC.No. 2253 of 2010() ------------------------- CRIME NO.307/2010 OF KALADY POLICE STATION ------------------------------ PETITIONER(S): --------------- 1. JOSHI,AGED 35 YEARS, S/O.PAILY, PUTHENPURACKAL HOUSE, SOUTH VELLARAPPILLY KARA, CHOWARA THEKKUMBHAGAM VILLAGE, ALUVA TALUK. 2. BIJU, AGED 33 YEARS, S/O.PAILY, PUTHENPURACKAL HOUSE, SOUTH VELLARAPPILLY KARA, CHOWARA THEKKUMBHAGAM VILLAGE, ALUVA TALUK. 3. PAILY,AGED 65 YEARS, S/O.LONA, PUTHENPURACKAL HOUSE, SOUTH VELLARAPPILLY KARA, CHOWARA THEKKUMBHAGAM VILLAGE, ALUVA TALUK. 4. MARIYAMMA, AGED 60 YEARS, W/O.PAILY, PUTHENPURACKAL HOUSE, SOUTH VELLARAPPILLY KARA, CHOWARA THEKKUMBHAGAM VILLAGE, ALUVA TALUK. BY ADV. SRI.JAISON JOSEPH RESPONDENT(S): --------------- 1. PRIYANKA JOY,AGED 23 YEARS, D/O.JOY, CHULLY HOUSE,OKKAL KARA, CHELAMATTOM VILLAGE, KUNNATHUNADU TALUK. 2. STATE OF KERALA, REPRESENTED BY PUBIC PROSECUTOR HIGH COURT OF KERALA, ERANAKULAM. PUBLIC PROSECUTOR MR.C.S.HRITHIK THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = Crl.M.C.No. 2253 of 2010 = = = = = = = = = = == Dated: 23rd day of June 2010 ORDER Petitioners, who are the accused Nos.1 to 4 in Crime No.307/2010 of Kalady Police Station on the file of the J.F.C.M. Court, Perumbavoor 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. Accordingly, this Criminal Miscellaneous Case is allowed. Crime No.307/2010 of Kalady Police Station on the file of the J.F.C.M. Court, Perumbavoor shall stand quashed. V. RAMKUMAR, (JUDGE). dmb