IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 25TH JANUARY 2008 / 5TH MAGHA 1929 Crl.MC.No. 317 of 2008() ------------------------ CC.1693/2003 of JUDL.MAGISTRATE OF FIRST CLASS-I, ALUVA .................... PETITIONER: ------------------- PRADEEP, S/O. PEETHAMBARAN, NEDIYATHIL VEEDU, VENNALA, EDAPPALLY SOUTH VILLAGE ERNAKULAM DISTRICT. BY ADV. SRI. C.D.JOHNY SMT.MEREENA JOSEPH RESPONDENTS: ----------------------- 1. MAYA, NEDIYATHIL VEEDU, VENNALA, EDAPPALLY SOUTH VILLAGE, ERNAKULAM. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 25 /01/2008 , THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. = = = = = = = = = = = Crl.M.C.No.317 of 2008 = = = = = = = = = = = = = = Dated this the 25th day of January, 2008 O R D E R The petitioner who is the husband of the de facto complainant, is the accused in C.C.No.1693 of 2003 on the file of J.F.C.M- I, Aluva for an offence punishable under Section 498A IPC. 2. The learned counsel for the 1st respondent-wife admitted that the dispute between the marital partners have been settled. In light of the subsequent settlement of the dispute between the marital partners, the petitioner has approached this Court for quashing the said proceedings 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 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.1693 /2003 pending before the Judicial First Class Magistrate Court-I, Aluva shall stand quashed. (V.RAMKUMAR, JUDGE) sj Crl.M.C.No./07 2 Crl.M.C.No./07 3