IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 6TH JULY 2010 / 15TH ASHADHA 1932 Crl.MC.No. 2490 of 2010() ------------------------- CC.524/2008 of JUDL.MAGISTRATE OF FIRST CLASS COURT, PAYYANNUR .................... PETITIONER(S): ACCUSED ---------------------- 1. C.P.VENUGOPALAN,S/O.SAROJINI AMMA, CHARUVILA PUTHEN VEEDU,PARAVOOR.P.O,PANAPUZHA, KANNUR DISTRICT. 2. SAROJINI AMMA,CHARUVILA PUTHEN VEEDU, PARAVOOR.P.O,PANAPUZHA,KANNUR DISTRICT. 3. LAKSHMANAN.M,MOTTAMMAL HOUSE, PARAVOOR.P.O,PANAPUZHA,KANNUR DISTRICT. 4. SARALAMANI.C.P,W/O.LAKSHMANAN.M, MOTTAMMAL HOUSE,PARAVOOR.P.O,PANAPUZHA, KANNUR DISTRICT. BY ADV. SRI.ZUBAIR PULIKKOOL RESPONDENT(S): COMPLAINANT -------------------------- 1. STATE OF KERALA,REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM. 2. SINDHU.M, AGED 29 YEARS,D/O.DERMAL MANI, DERMAL HOUSE,PILATHARA.P.O,KANNUR DISTRICT. PUBLIC PROSECUTOR SRI. KAMMAPPU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 06/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ........................................... Crl.M.C.No. 2490 of 2010 ............................................ Dated: 6th day of July, 2010 ORDER Petitioners, who are accused No.1 to 4 in C.C. No. 524 of 2008 on the file of the J.F.C.M., Payyannur for an offence punishable under Sec. 498A read with Sec. 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 petitioner has 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. 524 of 2008 pending before the Judicial First Class Magistrate Court, Payyannur, shall stand quashed. Sd/-V. RAMKUMAR, (JUDGE). ani/ /true copy/ P.S. to Judge