IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 2ND JUNE 2010 / 12TH JYAISTHA 1932 Crl.MC.No. 1611 of 2010() ------------------------- CC.585/2007 of JUDL. MAGISTRATE OF FIRST CLASS-I, KOZHIKODE .................... PETITIONER(S): COMPLAINANT --------------------------------------------------- SMITHA, D/O.NANU, DEVASONS. HOUSE NO.2/716, KARAPARAMBA, KACHERI AMSOM DESOM, KOZHIKODE. BY ADV. SMT.K.V.RESHMI RESPONDENT(S): STATE & ACCUSED --------------------------------------------------------------- 1. SUB INSPECTOR OF POLICE, CHEVAYOOR POLICE STATION, KOZHIKODE. 2. A.ANIL KUMAR, S/O.GOVINDAN, GOVIND 32/902A, CHELAVOOR P.O., CHELAVOOR AMSOM DESOM, KOZHIKODE. 3. CHANDRIKA, W/O.GOVINDAN, SWASTHAM, GOVIND 32/902A, CHELAVOOR P.O., CHELAVOOR AMSOM DESOM, KOZHIKODE. 4. THE STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.S.U.NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 02/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = = = = = = Crl.M.C.No.1611 of 2010 = = = = = = = = = = = = = = = = = = Dated: 02.06.2010 ORDER Petitioner is the complainant in C.C.No.585 of 2007 on the file of the J.F.C.M-I, Kozhikode alleging offences punishable under Sections 498A, 406, 323 and 324 read with 34 IPC. 2. Heard both sides. 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. 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.585/2007 pending before the Judicial First Class Magistrate Court-I, Kozhikode shall stand quashed. V. RAMKUMAR, (JUDGE). sj