IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 7TH JUNE 2010 / 17TH JYAISTHA 1932 Crl.MC.No. 1608 of 2010() ------------------------- CC.588/2007 of JUDL. MAGISTRATE OF FIRST CLASS-I, KOZHIKODE .................... PETITIONER(S): ACCUSED ------------------------------------------ 1. T.V.SMITHA, D/O.NANU, DEVASONS, HOUSE NO.2/716, KARAPARAMBA, KACHERI AMSOM DESOM, KOZHIKODE. 2. T.V.BIJU, S/O.NANU, DEVASONS, HOUSE NO.2/716, KARAPARAMBA, KACHERI AMSOM DESOM, KOZHIKODE. BY ADV. SMT.K.V.RESHMI RESPONDENT(S): STATE & ACCUSED -------------------------------------------------------------- 1. SUB INSPECTOR OF POLICE, CHEVAYOOR POLICE STATION, KOZHIKODE DISTRICT. 2. CHANDRIKA, W/O.GOVINDAN, KANANGATTU HOUSE, A.R.CAMP ROAD, P.O.MERIKKUNNU, KOZHIKODE. 3. THE STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.S.U.NAZAR THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 07/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = = = = = = Crl.M.C.No.1608 of 2010 = = = = = = = = = = = = = = = = == Dated: 07.06.2010 ORDER Petitioners, are the accused in C.C. No.588 of 2007 on the file of the J.F.C.M-I, Kozhikode for offences punishable under Sections 143,147,323,448 and 379 read with 149 I.P.C. 2. Heard both sides. 3. 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. 4. 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.588/2007 pending before the Judicial First Class Magistrate Court-I, Kozhikode shall stand quashed. V. RAMKUMAR, (JUDGE). sj