IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 17TH JANUARY 2008 / 27TH POUSHA 1929 Crl.MC.No. 197 of 2008() ------------------------ CC.1309/2004 of JUDICIAL FIRST CLASS MAGISTRATE-II, PEERMADE .................... PETITIONER: ACCUSED: -------------------- CHRISTY, AGED 49 YEARS, S/O. JOSEPH, KALAPPURACKAL HOUSE, THEKKADY JN., KUMILY, IDUKKI DISTRICT. BY ADV. SRI.MATHEW KURIAKOSE RESPONDENTS: COMPLAINANT & DEFACTO COMPLAINANT: ----------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY S.I. OF POLICE, KUMILY POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. JANCY, AGED 38, W/O. CHRISTY AND D/O. ANTONY, MAROTTIKAL HOUSE, NEAR RAJAKKAD POST OFFICE, RAJAKKAD, IDUKKI DIST. BY ADV. SRI.MATHEWS K.UTHUPPACHAN SRI. K.S. SIVAKUMAR, PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 17/01/2008,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. = = = = = = = = = = = Crl.M.C.No 197 of 2008 = = = = = = = = = = = = = = Dated this the 17th day of January, 2008 O R D E R The petitioner who is the husband of the de facto complainant, is the accused in C.C.No.1309 of 2004 on the file of J.F.C.M-II, Peermade for an offence punishable under Section 498A IPC. 2. 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. The learned counsel for the 2nd respondent/wife also submitted that the matrimonial dispute between the parties have been settled. 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 Criminal Miscellaneous Case is allowed and C.C.No.1309/2004 pending before the Judicial First Class Magistrate Court-II, Peermade shall stand quashed. (V.RAMKUMAR, JUDGE) rv R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007