IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 11TH APRIL 2008 / 92ND CHAITHRA 1930 Crl.MC.No. 1588 of 2008() ------------------------- CC.757/2006 of JUDL.MAGISTRATE OF FIRST CLASS, KOLENCHERRY .................... PETITIONER: ----------------------- LALU, S/O.NARAYANAN, AGED 33 YEARS, KADAYATH HOUSE, VEMBILLY, KUNNATHUNADU TALUK. BY ADV. SRI.PAUL K.VARGHESE RESPONDENTS: ---------------------------- 1. STATE OF KERALA, REPRESENTED BY S.I. OF POLICE, KUNNATHUNADU POLICE STATION, KUNNATHUNADU, PATTIMATTOM. 2. SHEEJA, W/O.LALU, AGED 29 YEARS, KADAYATH HOUSE, VEMBILLY, KUNNATHUNADU TALUK. BY PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR ADV. SRI.BIBIN KUMAR FOR R2 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 11/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. = = = = = = = = = = = Crl.M.C.No.1588 of 2008 = = = = = = = = = = = = = = Dated this the 11th day of April, 2008 O R D E R The petitioner who is the husband of the de facto complainant, is the accused in C.C.No.757 of 2006 on the file of J.F.C.M, Kolenchery for an offence punishable under Section 498A IPC. 2. In light of the subsequent settlement of the dispute between the marital partners, the petitioner has 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 petitioner is an avoidable irritant. 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 C.C.No.757/2006 pending before the Judicial First Class Magistrate Court, Kolencherry shall stand quashed. (V.RAMKUMAR, JUDGE) sj Crl.M.C.No./07 2 Crl.M.C.No./07 3