IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 10TH FEBRUARY 2009 / 21ST MAGHA 1930 Crl.Rev.Pet.No. 3121 of 2008() ------------------------------ CRA.689/2002 of THE ADDL.SESSIONS JUDGE(ADHOC-II), THALASSERY CC.283/2003 of ADDL.CHIEF JUDICIAL MAGISTRATE COURT, THALASSERY .................... REVN. PETITIONER(S): APPELLANT --------------------------------------------------------------- P. SAROJINI, D/O. LAKSHMANAN, AGED 48, NO OCCUPATION, RESIDING AT THOTTADA, EDAKKAD, KANNUR TALUK, KANNUR DISTRICT. BY ADV. SRI.R.SURENDRAN RESPONDENT(S): RESPONDENT ------------------------------------------------------ 1. STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. #2. M.PUSHPAJA, D/O.NARAYANAN AGED 50 YEARS RESIDING AT MOTTAMMAL HOUSE, PANANKAVU PO, CHIRAKKAL, KANNUR. ADV. SRI.C.P.PEETHAMBARAN FOR ADDL.R2 PUBLIC PROSECUTOR SRI.JAYAKRISHNAN. THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 10/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = = Crl.R.P.No.3121 of 2008 = = = = = = = = = = = = = = = Dated this the 10th day of February, 2009 ORDER The petitioner, who is the sister-in-law of the de facto complainant, is the 2nd accused in C.C.No.283 of 2003 on the file of the Additional Chief Judicial Magistrate Court, Thalassery. 2. In light of the subsequent settlement of the dispute between the marital parties, the petitioner has 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 petitioner is an avoidable irritant. 3. Even though the offence under Section 498A I.P.C is not compoundable, in the light of the decisions of the Apex Court in B.S.Joshi vs. State of Haryana [AIR 2003 SC 1386] & Manoj Sharma v. State ( 2008(4) KLT 417 (SC) the powers under Section 482 Cr.P.C can be invoked by this Court to bring about premature termination of the prosecution. Accordingly, this Criminal Miscellaneous Case is allowed. C.C.No.283 of 2003 pending before the Additional Chief Judicial Magistrate, Thalassery, shall stand quashed. (V.RAMKUMAR, JUDGE) sj Crl.R.P.No. of 2008 2 Crl.R.P.No. of 2008 3