IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 3RD APRIL 2008 / 14TH CHAITHRA 1930 Crl.MC.No. 1456 of 2008() ----------------------------- C.C.NO. 500/2004 of JUDICIAL FIRST CLASS MAGISTRATE, KOLENCHERRY ................................. PETITIONERS: --------------- 1. BENNY, S/O.KURIAKO, AGED 39 YEARS, THANNAMKUDIYIL HOUSE, IYYKARANADU SOUTH, KUNNATHUNADU TALUK. 2. SOSSAMMA, W/O.KURIAKO, AGED 70 YEARS, THANNAMKUDIYIL HOUSE, IYYKARANADU SOUTH, KUNNATHUNADU TALUK. BY ADV. SRI.PAUL K.VARGHESE RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY SI OF POLICE, KUNNATHUNADU POLICE STATION, KUNNATHUNADU , PATTIMATTOM. 2. NISHA, W/O. BENNY, AGED 26 YEARS, THANNAMKUDIYIL HOUSE, IYYKARANADU SOUTH, KUNNATHUNADU TALUK. BY ADV. SRI. K.S. SIVAKUMAR, PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. =================== Crl.M.C. No. 1456 of 2008 = = = = = = = = = = = = = = Dated this the 3rd day of April, 2008 O R D E R The petitioners who are the husband and mother-in-law of the de facto complainant, are the accused in C.C.No. 500 of 2004 on the file of Judicial First Class Magistrate, Kolencherry for an offence punishable under Section 498A IPC. 2. In light of the subsequent settlement of the dispute between the marital partners, the petitioners have approached this Court for quashing the said proceedings by invoking the powers under Section 482 Cr.P.C. The learned counsel appearing for the 2nd respondent/de facto complainant also admitted that the matter has since been settled between the marital partners. 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. 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 Crl.M.C.No. 1456/2008 2 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. 500/2004 pending before the Judicial First Class Magistrate Court, Kolencherry shall stand quashed. V.RAMKUMAR, JUDGE. rv Crl.M.C.No. 1456/2008 3 Crl.M.C.No. 1456/2008 4 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007