IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 23RD JANUARY 2008 / 3RD MAGHA 1929 Crl.MC.No. 308 of 2008() C.C. NO. 358/2002 of JFCM-I, KOZHIKODE CRIME NO. 104/2002 of TOWN POLICE STATION, KOZHIKODE PETITIONER: ACCUSED: 1. T. RAJU, AGED 27 YEARS, S/O. RADHA, RADHA NILAYAM, 2ND CROSS ROAD, ANJANAYA TEMPLE, NARAYANAPURAM, WHITEFIELD ROAD, BANGALORE. 2. T. RADHA, W/O. SHAHUL HAMEED, RADHA NILAYAM, 2ND CROSS ROAD, ANJANAYA TEMPLE, NARAYANAPURAM, WHITEFIELD ROAD, BANGALORE. 3. SHAHUL HAMEED, RADHA NILAYAM, 2ND CROSS ROAD, ANJANAYA TEMPLE, NARAYANAPURAM, WHITEFIELD ROAD, BANGALORE. 4. PUSHPA M., AGED 50 YEARS, D/O. NARAYANI AMMA, UNNIYERIMETHAL VEEDU, KACHILATTU PARAMBU, POST NELLIKODE, KOZHIKODE. BY ADV. SRI.R.SUDHISH SMT.M.MANJU RESPONDENTS: COMPLAINANT AND STATE: 1. BINDHU C.T., D/O. VELAPPAN, AGED 26 YEARS, KARUMADATHU PARAMBU, FRANCIS ROAD, KOZHIKODE-1. 2. THE STATE OF KERALA, REPRESENTED BY SUB INSPECTOR OF POLICE, TOWN POLICE STATION, KOZHIKODE THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. BY ADV. SRI.VINOD SINGH CHERIYAN SRI. K.S. SIVAKUMAR, PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. = = = = = = = = = = = Crl.M.C.No 308 of 2008 = = = = = = = = = = = = = = Dated this the 23rd day of January, 2008 O R D E R The petitioners are the accused in C.C.No. 358 of 2002 on the file of J.F.C.M-I, Kozhikode 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 for the 1st respondent/wife also admitted that the matrimonial dispute between the marital partners have subsequently been settled. 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 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.358/2002 pending before the Judicial First Class Magistrate Court-I, Kozhikode shall stand quashed. (V.RAMKUMAR, JUDGE) Crl.M.C.No.70 of 2007 2 rv Crl.M.C.No.70 of 2007 3 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007