IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 6TH MARCH 2008 / 16TH PHALGUNA 1929 Crl.MC.No. 688 of 2008(C) ------------------------ CC.837/2004 of JUDL.MAGISTRATE OF FIRST CLASS, N.PARAVUR .................... PETITIONER: ACCUSED ------------------- 1. MATHEW, AGED 37 YEARS, S/O. JOSEPH, CHELENGARA HOUSE, NELSON MANDELA ROAD, CHERAI. 2. MARY, AGED 60 YEARS, W/O. JOSEPH, -DO- -DO- 3. ABRAHAM, AGED 41 YEARS, S/O. JOSEPH, -DO- -DO- 4. JANCY, AGED 36, W/O. ABRAHAM, -DO- -DO- BY ADV. SRI.LIFFY P. FRANCIS RESPONDENTS: DEFACTO COMPLAINANT & STATE -------------------------------------------------------- 1. JESSINTHA @ JESSY, AGED 32 YEARS, CHAKKALACKAL HOUSE, MANGALAYA AUDITORIUM ROAD, NAYARAMBALAM VILLAGE, KOCHI TALUK. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY ADV. SRI. K.S. SIVAKUMAR, PUBLIC PROSECUTOR SRI.DILEEP VARGHESE THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 06/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. =================== Crl.M.C.No 688 of 2008 = = = = = = = = = = = = = = Dated this the 6th day of March, 2008 O R D E R The petitioners, who are the husband, mother-in-law, brother-in-law and sister-in-law of the de facto complainant, are the accused in C.C.No. 837 of 2004 on the file of J.F.C.M, N. Paravur 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 1st respondent/complainant also admitted that the matrimonial dispute has since been settled between the parties. 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 powers Crl.M.C.No.688 of 2008 2 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. 837/2004 pending before the Judicial First Class Magistrate Court, N. Paravur shall stand quashed. V.RAMKUMAR, JUDGE. rv Crl.M.C.No.688 of 2008 3 Crl.M.C.No.688 of 2008 4 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007