IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 8TH JULY 2010 / 17TH ASHADHA 1932 Crl.MC.No. 2575 of 2010() ------------------------- CC.441/2008 of JUDL. MAGISTRATE OF FIRST CLASS COURT-II, NEYYATTINKARA .................... PETITIONER(S): ACCUSED: ----------------------- BINDULAL, S/O.DIVAKARAN, THIRUVATHIRA, PANANGODE, VENGANOOR, THIRUVANANTHAPURAM. BY ADV. SRI.G.SUDHEER RESPONDENT(S): STATE & DEFACTO COMPLAINANT: ------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SATHIDEVI, D/O.SUMATHIKUTTY AMMA, THIRUVATHIRA, PANANGODE, VENGANOOR THIRUVANANTHAPURAM-695001. ADV. SRI.S.K.VINOD FOR R2 BY PUBLIC PROSECUTOR MR.C.S.HRITHICK THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 08/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = Crl.M.C.No.2575 of 2010 = = = = = = = = = = = == Dated: 8th day of July,2010 ORDER Petitioner, who is the sole accused in C.C. No.441/2008 on the file of the J.F.C.M. Court-II, Neyyattinkara for an offence punishable under Sec. 498A I.P.C, seeks to quash the proceedings against him 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 petitioner is an avoidable irritant. 3. Even though 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. Crl.M.C.No.2575 of 2010 2 Accordingly, this Criminal Miscellaneous Case is allowed. C.C.No.441/2008 pending before the Judicial First Class Magistrate Court-II, Neyyattinkara shall stand quashed. V. RAMKUMAR, (JUDGE). dmb