IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 24TH MAY 2010 / 3RD JYAISHTA 1932 Crl.MC.No. 62 of 2010() ----------------------- CC.169/2009 of JUDL.MAGISTRATE OF FIRST CLASS COURT, ADOOR .................... PETITIONER(S): ACCUSED ---------------------- VARUGHESE ABRAHAM, AGED 44 YEARS, S/O.ABRAHAM VARUGHESE, PEZHUNIKKUNNATHIL MALAYIL CHARIVUPARAMBIL PUTHENVEEDU, KARITHOTTA.P.O, MEZHUVELI VILLAGE, PATHANAMTHITTA DISTRICT. BY ADV. SRI.P.HARIDAS RESPONDENT(S): STATE & COMPLAINANT ---------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SHERLY C.MATHEW, AGED 43 YEARS, W/O.VARUGHESE ABRAHAM, CHURACKATTUMANNIL HOUSE, KOZHENCHERRY EAST.P.O, KOZHENCHERRY VILLAGE, KOZHENCHERRY TALUK, PATHANAMTHITTA DISTRICT. ADV. SRI.T.P.M.IBRAHIM KHAN,ASST.S.G OF INDI FOR R3 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 24/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ............................................ Crl.M.C.No. 62 of 2010 ............................................ Dated: 24-5-2010 ORDER Petitioners, who is the husband of the de facto complainant is the accused in C.C. No. 169 of 2009 on the file of the J.F.C.M., Adoor for an offence punishable under Section 498A I.P.C. 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.. C.C. No. 169 of 2009 pending before the Judicial First Class Magistrate Court, Adoor shall stand quashed. V. RAMKUMAR, (JUDGE). sj