IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 10TH AUGUST 2010 / 19TH SRAVANA 1932 Crl.MC.No. 2913 of 2010() ------------------------- CC.834/2007 of JUDL.FIRST CLASS MAGISTRATE COURT I, MAVELIKKARA .................... PETITIONER(S): ACCUSED 1 TO 4: --------------------------------------------------- 1. REMESHAN, AGED 39 YEARS, S/O.KUNJUKUNJU, CHANKOOR THEKKATHIL,CHUNAKKARA VADAKKUM MURI, CHUNAKKARA VILLAGE, MAVELIKARA TALUK. 2. KUNJU KUNJU, AGED 70 YEARS,S/O.AYYAPPAN, CHANKOOR THEKKATHIL,CHUNAKKARA VADAKKUM MURI, CHUNAKKARA VILLAGE, MAVELIKARA TALUK. 3. KOCHUKARUMBI,AGED 58 YEARS, W/O.KUNJUKUNJU, CHANKOOR THEKKATHIL,CHUNAKKARA VADAKKUM MURI, CHUNAKKARA VILLAGE, MAVELIKARA TALUK. 4. REMA, AGED 31 YEARS,W/O.RAJAN OF CHANKOOR THEKKATHIL, NOW RESIDING AT NAGROOR THEKKATHIL, ILLIPPAKULAM MURI, KATTANAM VILLAGE. BY ADVS. SRI.P.SREEKUMAR, SRI.K.S.MANU (PUNUKKONNOOR). RESPONDENT(S): COMPLAINANT: --------------------------------------------------- 1. SASIKALA KUMARI, AGED 32 YEARS, D/O.AYYAPPAN, PUTHUVELIL VEETTIL, EZHUKONE MURI, EZHUKON VILLAGE, KOTTARAKKARA. 2. STATE OF KERALA, REP.BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM. R1 BY ADV. SRI.SADER E.REAZ R2 BY PUBLIC PROSECUTOR SRI.C.S. HRITWITK THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 10/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss V. RAMKUMAR, J. ........................................... Crl.M.C.No. 2913 of 2010 .......................................... Dated: 10th August, 2010 ORDER Petitioners, who are accused Nos. 1 to 4 in C.C. No. 834 of 2007 of J.F.C.M. I, Mavelikkara for an offence punishable under Sec. 498 A 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. 834 of 2007 pending before the Judicial First Class Magistrate Court, I, Mavelikkara, shall stand quashed /true copy/ Sd/-V. RAMKUMAR, (JUDGE). ani/ P.S. to judge