IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 28TH JULY 2010 / 6TH SRAVANA 1932 Crl.MC.No. 2974 of 2010() ------------------------- CRIME NO.713/2010 OF VAIKOM POLICE STATION PETITIONER(S): ----------------------- 1. M.C.BINDURAJ, S/O.M.A CHELLAPAN MAMOOTIL HOUSE, EDAYAZHAM KARA, VECHOOR VILLAGE, VAIKOM. 2. M.A.CHELLAPPAN S/O.LATE AZHAGAN,MAMOOTIL HOUSE, EDAYAZHAM KARA, VECHOOR VILLAGE, VAIKOM. 3. THANKAMMA, W/O. M.A.CHELLAPPAN MAMOOTIL HOUSE, EDAYAZHAM KARA, VECHOOR VILLAGE, VAIKOM. BY ADV. SRI.JINU JOSEPH RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM REPRESENTED BY SUB INSPECTOR OF POLICE VAIKOM POLICE STATION, VAIKOM, KOTTAYAM. 2. MRS MANJU BINDHURAJ, W/O.BINDHURAJ, MAMOOTIL HOUSE, EDAYAZHAM KARA, VECHOOR VILLAGE, VAIKOM. ADV. SRI.SHIJU VARGHESE (WAYANAD) FOR R2 PUBLIC PROSECUTOR SRI.KAMMAPPU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 28/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = = = = = = Crl.M.C.No.2974 of 2010 = = = = = = = = = = = = = = = = == Dated: 28.07.2010 ORDER Petitioners, who are the accused in Crime No.713/2010 of Vaikom Police Station for offences punishable under Sec. 498A read with 34 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. Crime No.713/2010 of Vaikom Police Station stand quashed. V. RAMKUMAR, (JUDGE). sj