IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 18TH AUGUST 2010 / 27TH SRAVANA 1932 Crl.MC.No. 3459 of 2010() ------------------------- CC.1870/2007 of ADDL.CHIEF JUDICIAL MAGISTRATE, ERNAKULAM .................... PETITIONER(S): 1. JOSE ANTONY, AGED 32, S/O.ANTONY KATTITHARA HOSUE, BAGATHSING ROAD, POONITHURA VILLAGE, KANAYANNUR TALUK, ERNAKULAM DISTRICT. 2. K.A.ANTONY AGED 70, S/O. ANTONY, KATTITHARA HOSUE, BANGATHSING ROAD, POONITHURA VILLAGE, KANAYANNUR TALUK, ERNAKULAM DISTRICT. 3. SOLOMON, AGED 46, S/O. ANTONY, KATTITHARA HOSUE, BAGATHSING ROAD, POONITHURA VILLAGE, KANAYANNUR TALUK, ERNAKULAM DISTRICT. 4. HELEN, AGED 40, D/O. ANTONY, KATTITHARA HOUSE, BAGATHSING ROAD, POONITHURA VILLAGE, KANAYANNUR TALUK, ERNAKULAM DISTRICT. BY ADV. SMT.P.K.SHAKKEELA SMT.M.J.RAJASREE RESPONDENT(S): 1. BLESSY, AGED 26, D/O.JOSEPH, NADUVILA, MULLOTH HOUSE, ASOKA ROAD, KALOOR, KANAYANNUR TALUK, ERNAKULAM DIST. 2. STATE OF KERALA, REPRESENTED BY SUB INSPECTOR OF POLICE, PONAGAD POLICE STATION. PUBLIC PROSECUTOR SRI.C.S.HRITHWIK THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = = = = = = Crl.M.C.No.3459 of 2010 = = = = = = = = = = = = = = = = == Dated: 18.08.2010 ORDER Petitioners, who are the accused in C.C. No.1870/2007 on the file of the Additional Chief Judicial Magistrate, Ernakulam for an offence punishable under Sec.498A read with 34 I.P.C, seek to quash the proceedings against them on the ground that the marital partners have subsequently settled their disputes. 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.1870/2009 pending before the Additional Chief Judicial Magistrate Court, Ernakulam shall stand quashed. V. RAMKUMAR, (JUDGE). sj