IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 23RD JUNE 2010 / 2ND ASHADHA 1932 Crl.MC.No. 2244 of 2010() ------------------------- CC.576/2010 of JUDL.MAGISTRATE OF FIRST CLASS-I, HOSDRUG .................... PETITIONER(S): ACCUSED ---------------------- BIJOY JOSEPH S/O. JOSEPH.K.C., KUNATHUPARAMBIL HOUSE, 18TH MILE, MALAKALLU, KALLAR VILLAGE, KASARGODE DISTRICT. BY ADV. SRI.JAWAHAR JOSE RESPONDENT(S): DEFACTO-COMPLAINANT & STATE ------------------------------------------ 1. CINI MATHEW, D/O. MATHEW, MOOZHICHALIL HOUSE, GUDDA HOSSUR, KUSHAL NAGAR.P.O, SOMAVARPETTA TALUK, COORG DISTRICT, KARNATAKA STATE. 2. THE STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR MR.KAMMAPPU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = Crl.M.C.No.2244 of 2010 = = = = = = = = = = = == Dated: 23rd day of June, 2010 ORDER Petitioner, who is the accused in C.C. No.576/2010 on the file of the J.F.C.M. Court-I, Hosdurg, for an offence punishable under Sec. 498A I.P.C, seeks to quash the proceedings against him 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 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. Crl.M.C.No.2244 of 2010 2 Accordingly, this Criminal Miscellaneous Case is allowed. C.C.No.576/2010 pending before the Judicial First Class Magistrate Court-I, Hosdurg shall stand quashed. V. RAMKUMAR, (JUDGE). dmb