IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 25TH MAY 2010 / 4TH JYAISHTA 1932 Crl.MC.No. 1788 of 2010() ------------------------- C.C.NO.168/2010 ON THE FILE OF THE JFCM, KATTAKKADA PETITIONER(S): ACCUSED 1 TO 4: ------------------------------ 1. ANEESH, S/O.JOSEPH, ANEESH BHAVAN, KURUNTHARAKONAM, UTHARAMCODE, KOTTOOR P.O., THIRUVANANTHAPURAM. 2. JOSEPH, S/O. NJANAMUTHAN NADAR, DO. DO. 3. ANSI D/O.RAJAMMA, A.B.BHAVAN, DO. DO. 4. RAJAMMA, W/O.JOSEPH NADAR, ANEESH BHAVAN, DO. DO. BY ADV. SRI.G.SUDHEER RESPONDENT(S): STATE & DEFACTO COMPLAINANT: ------------------------------------------- 1. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SAJITHA, D/O.ARJUNAN, SANTHOSH BHAVAN, PLOOZHANADU, OTTASEKHARAMANGALAM VILLAGE, THIRUVANANTHAPURAM DISTRICT. ADV. SRI.S.K.VINOD FOR R2 PUBLIC PROSECUTOR SRI.S.U.NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 25/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: CC No. 168/2010 occurring the cause title of order dated 25.05.2010 is corrected and substituted on CC No. 160/2010 of Judicial First Class Magistrate Court, Kattakkada as per order dated 10.08.2012 in Crl. M.A. No. 4509/2012 in Crl. M.C. No. 1788/2010 V. RAMKUMAR, J. = = = = = = = = = = = = = = = = = = Crl.M.C.No.1788 of 2010 = = = = = = = = = = = = = = = = == Dated:25.05.2010 ORDER Petitioners, who are the husband, father-in-law, sister-in-law and mother-in-law of the de facto complainant are the accused in C.C. No.168 of 2010 on the file of the J.F.C.M, Kattakkada for an offence punishable under Sec. 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.168/2010 pending before the Judicial First Class Magistrate Court, Kattakada shall stand quashed. V. RAMKUMAR, (JUDGE). sj “CC No. 168/2010” occurring in the 3rd line of first paragraph and in the 2nd line of last paragraph of the order dated 25.05.2010 in Crl. M.C. No. 1788/10 is corrected and substituted as “CC No. 160/2010” as per order dated 10.08.2012 in Crl. M.A 4509/12 in Crl. M.C. 1788/2010