IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 15TH JULY 2010 / 24TH ASHADHA 1932 Crl.MC.No. 1646 of 2010() ------------------------- (CRIME NO.560/2010 OF HILL PALACE POLICE STATION) PETITIONERS: PETITIONERS/ACCUSED 2 AND 3 ------------------------------------------ 1. K.R.SANKARA PILLAI, AGED 70 YEARS, S/O.BALAKRISHNA PILLAI,AMBADI, CEYLON KAVALA,NEAR PENTA COASTAL MISSION, THALAYOLAPARAMBU, KOTTAYAM DIST. 2. SREEDEVI PILLAI, AGED 63 YEARS, W/O.K.R.SANKARA PILLAI,(D/O.ACHUTHA MENON), AMBADI, CEYLON KAVALA, NEAR PENTA COASTAL MISSION, THALAYOLAPARAMBU, KOTTAYAM DIST. BY ADV. SRI.PHILIP ANTONY CHACKO RESPONDENTS: RESPONDENTS/STATE AND COMPLAINANT ------------------------------------------------ 1. STATE OF KERALA, S.I. OF POLICE, HILL PALACE POLICE STATION, THRIPUNITHURA, ERNAKULAM DISTRICT. REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, KOCHI-36. 2. SOUMYA.G., AGED 24, D/O.SOMANATHAN.P.S., VIPANCHIKA, HOSPITAL ROAD, THRIPUNITHURA, NADAMA VILLAGE, KANAYANNOOR TALUK, ERNAKULAM DISTRICT. PUBLIC PROSECUTOR SRI.KAMMAPPU ADV. SRI.V.K.BALACHANDRAN FOR R2 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 15/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. --------------------------------- Crl.M.C.No.1646 of 2010 ---------------------------------- Dated this the 15th day of July, 2010 ORDER Petitioners, are accused Nos.2 and 3 in Crime No.560 of 2010 of Hill Palace Police Station for offences punishable under Sec. 498A read with Section 34 I.P.C. 2. In the light of the subsequent settlement of the dispute between the marital parties, 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 parties, continuance of the criminal prosecution against the petitioners is an avoidable irritant. 3. Eventhough the offence under Section 498 A read with Section 34 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 premature termination of the prosecution. Crl.M.C.No.1646/2010 : 2 : Accordingly, this Criminal Miscellaneous Case is allowed. F.I.R. in Crime No.560 of 2010 of Hill Palace Police Station shall stand quashed. In case the Additional Chief Judicial Magistrate, Ernakulam has taken cognizance of the offence and has assigned C.C.number of the case, the said case also shall stand quashed. V.RAMKUMAR, JUDGE skj