IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 5TH MAY 2009 / 15TH VAISAKHA 1931 Crl.MC.No. 1477 of 2009() ---------------------- L.P.NO. 53 OF 2004 IN C.C. 156/07 ON THE FILE OF THE J.F.C.M. PAYYOLI PETITIONER(S): DEFACTO COMPLAINANT/CW2 AND 3 -------------------------------------------- 1. INDIRA, AGED 41 YEARS, W/O.VENUGOPAL, KOLAVATTUNGAL HOUSE, MEPPAYUR AMSOM, KEEZHPAYUR DESOM. 2. VIDYA, D/O.VENUGOPAL, AGED 34, RESIDING DO. 3. VEENA, D/O.VENUGOPAL, AGED 21, RESIDING DO. BY ADV. SRI.T.G.RAJENDRAN RESPONDENT(S): ACCUSED & STATE ------------------------------ 1. VENUGOPAL, AGED 48 YEARS, S/O.GOVINDAN NAIR, KOLAVATTUNGAL HOUSE, MEPPAYUR AMSOM, KEEZHPAYUR DESOM. 2. THE S.I OF POLICE, MEPPAYUR POLICE STATION. 3. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. SRI.CIBI THOMAS FOR R1 PUBLIC PROSECUTOR SRI. K.C. SANTHOSH KUMAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 05/05/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = = = = = = Crl.M.C.No.1477 of 2009 = = = = = = = = = = = = = = = = == Dated: 05.05.2009 ORDER Petitioners are the de facto complainant and Charge Witnesses No.1 and 2 in C.C. No. 156 of 2007 which is now pending as L.P.No.53/2004. on the file of the J.F.C.M, Payyoli for offences punishable under Sec. 498A and 294(b) I.P.C. 2. In the light of the subsequent settlement of the dispute between the marital parties, 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 parties, 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 premature termination of the prosecution. Accordingly, this Criminal Miscellaneous Case is allowed and L.P.No.53 of 2004 in C.C.No.156 of 2007 pending before the Judicial First Class Magistrate Court, Payyoli, shall stand quashed. V. RAMKUMAR, (JUDGE). sj