IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 2ND AUGUST 2010 / 11TH SRAVANA 1932 Crl.MC.No. 3096 of 2010() ------------------------------------- CRIME NO.207/2010 OF VALANCHERRY POLICE STATION. ..................... PETITIONERS/ACCUSED ------------------------------------ 1. RAZACK 2. KUNHUTTI @ PATHUMMAKUTTY. 3. SAIDALI KUTTY. PETITIONERS ARE RESIDING AT MARAPARAMBIL HOUSE, VALANCHERRY DESOM, KATTIPARATHI AMSOM, TIRUR TALUK MALAPPURAM DISTRICT. BY ADV. SRI.JACOB SEBASTIAN RESPONDENTS/COMPLAINANTS ------------------------------------------------ 1. SUMAYYA, D/O. ELAYI KUNHU MOIDEEN, AGED 20, PERUMANNA AMSOM, KALARI DESOM, TIRUR TALUK, MALAPPURAM DISTRICT. 2. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 BY ADV. SRI.S.SANTHOSH KUMAR (BALARAMAPURAM). R2 BY PUBLIC PROSECUTOR MR.KAMMAPPU. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 02/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. V. RAMKUMAR, J. = = = = = = = = = = Crl.M.C.No.3096 OF 2010 = = = = = = = = = = == Dated: 2nd day of August, 2010 ORDER Petitioners, who are the accused in Crime No.207/2010 of the Valancherry Police Station for an offence punishable under Sec.498A 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. Crl.M.C.No.3096 OF 2010 2 Accordingly, this Criminal Miscellaneous Case is allowed. Crime No.207/2010 of the Valancherry Police Station shall stand quashed. V. RAMKUMAR, (JUDGE). dmb