IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 1ST APRIL 2008 / 12TH CHAITHRA 1930 Crl.MC.No. 1245 of 2008 ------------------------- CRIME NO. 720 OF 2007 OF PALARIVATTOM POLICE STATION PETITIONER: ACCUSED ------------------- 1. T.R.PADMADAS, AGED 29, S/O RAMACHANDRAN, THAYYIL HOUSE, NORTH JANATHA ROAD, PALARIVATTOM P.O., MAMANGALAM, KOCHI-25. 2. MRS. ISHA RAMACHANDRAN, AGED 55, W/O RAMACHANDRAN, THAYYIL HOUSE, NORTH JANATHA ROAD, PALARIVATTOM P.O., MAMANGALAM, KOCHI-25. BY ADV. SRI.LELLULAL T.G.THUNDATHIL RESPONDENTS: STATE AND COMPLAINANT ---------------------------------- 1. SUB INSPECTOR OF POLICE, PALARIVATTOM POLICE STATION, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. MRS. SOUMYA, AGED 24, W/O T.R.PADMADAS, THAYYIL HOUSE, NORTH JANATHA ROAD, PALARIVATTOM P.O., MAMANGALAM, KOCHI-25. BY PUBLIC PROSECUTOR MR. M.S. BREEZE SRI.M.R.DHANIL THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. = = = = = = = = = = = Crl.M.C.No. 1245 of 2008 = = = = = = = = = = = = = = Dated this the 1st day of April, 2008 O R D E R The petitioners who are the husband and mother-in-law of the de facto complainant, are the accused in Crime NO.720 of 2007 o Palarivattom police station for an offence punishable under Section 498A IPC. 2. In light of the subsequent settlement of the dispute between the marital partners, the petitioners have 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 petitioners is an avoidable irritant. Learned counsel appearing for the 2nd respondent/de facto complainant also admitted that the marital disputes has since been settled between the maritl parties. 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 Crime No.720 of 2007 Palaivattom police station shall stand quashed. (V.RAMKUMAR, JUDGE) ks Crl.M.C.No./07 2 Crl.M.C.No./07 3 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007