IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 21ST JANUARY 2008 / 1ST MAGHA 1929 WP(C).No. 2064 of 2008(U) ----------------------------------------- CC.107/2005 of J.M.F.C.-II, KOCHI .................... PETITIONER: --------------------- M.J. ANVER, S/O. JAINY, AGED 40 YEARS, C.C.NO.7/1223, MATTANCHERRY,KOCHI. BY ADV. SRI.NIDHI BALACHANDRAN RESPONDENTS: --------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THASNIM ANVER, D/O. K.A. UMMAR, KOCHUPARAMBIL HOUSE, VETTATHUPARAMBU, KARNAMKODU BAZAR, GURUVAYOOR. 3. JAINY, RESIDING AT CC.7/1223, MATTANCHERRY, KOCHI. 4. AYISHA, W/O. JAINY, RESIDING AT CC.7/1223, MATTANCHERRY, KOCHI. 5. KALAMOL @ MINIMOL, D/O. KAMALAM, RESIDING AT MINI HOUSE, THIRUVANANTHAPURAM. BY ADV. SRI.VINCENT JOSEPH PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.RAMKUMAR, J. = = = = = = = = = = = W.P.C.No.2064 of 2008 = = = = = = = = = = = = = = Dated this the 21st day of January, 2008 JUDGMENT The petitioner is the first accused in C.C.No.107 of 2005. on the file of J.F.C.M-II, Kochi for offences punishable, inter alia, under Section 498A read with 34 IPC. 2. The learned counsel appearing for the 2nd respondent- wife also submitted that the matter has been settled between the marital partners. 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 writ petition is allowed and C.C.No. 107/2005 pending before the Judicial First Class Magistrate Court-II, Kochi shall stand quashed. (V.RAMKUMAR, JUDGE) sj Crl.M.C.No./07 2 Crl.M.C.No./07 3 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007