IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 10TH AUGUST 2010 / 19TH SRAVANA 1932 Crl.MC.No. 2919 of 2010() ------------------------- CC.329/2010 of JUDL.MAGISTRATE OF FIRST CLASS, KAYAMKULAM .................... (CRIME NO.1000/2009 OF KAYAMKULAM POLICE STATION) PETITIONER(S):PETITIONER: -------------------------------------------- SHAJI EASA, S/O.P.M.EASA KUTTY, AGED 32 YEARS,KAROTTIL, SHEEJA MANZIL, KUTTI THERUVU, PERUNGAL P.O.,KAYAMKULAM. BY ADV. SRI.K.T.THOMAS (KANNAMPALLIL) RESPONDENT(S): RESPONDENTS: ---------------------------------------------------- 1. STATE OF KERALA, REPRERSENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SAJINA, D/O.KHALID, AGED 24 YEARS, SAJINA DALE, KAYYALAKKAL WARD, PALLIMUKKU,VADAKKEVILLA, KOLLAM. R1 BY PUBLIC PROSECUTOR SRI. C.S. HRITWIK R2 BY ADVS. SMT.SHOBA ANNAMMA EAPEN, SRI.MANOJ RAMASWAMI, SRI.S.ABDUL KARIM. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 10/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss V. RAMKUMAR, J. ........................................... Crl.M.C. No. 2919 of 2010 .......................................... Dated: 10-08-2010 ORDER Petitioner who is the accused in C.C. No. 329 of 2010 of J.F.C.M. Kayamkulam for an offence punishable under Section 498 A I.P.C. seeks to quash the proceedings against him 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 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 partners, continuance of the criminal prosecution against the petitioner 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. C.C. No. 329 of 2010 pending before the Judicial First Class Magistrate Court, Kayamkulam, shall stand quashed V. RAMKUMAR, (JUDGE). ani/