IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 18TH AUGUST 2010 / 27TH SRAVANA 1932 Crl.MC.No. 3421 of 2010() ------------------------- C.C.NO.267/2008 OF J.F.C.M COURT, CHANGANACHERRY ---------------------------------- PETITIONER(S): ACCUSED ---------------------- SAJEEV,PUTHUPARAMBIL VEEDU, VALLAVANCHIRA,VELLAPPALLY BHAGOM, PAYIPPAD KARA,PAYIPPAD VILLAGE. BY ADV. SRI.RAJ MOHAN R.PILLAI RESPONDENT(S): STATE -------------------- 1. STATE OF KERALA,REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM(CRIME NO.7 OF 2008 OF THRIKKODITHANAM POLICE STATION). 2. USHAMANI,W/O.SAJEEV,AGED 34 YEARS, PUTHUPARAMBIL VEEDU,VALLAVANCHIRA BHAGOM, VELLAPPALLY KARA,PAYIPPAD KARA, PAYIPPAD VILLAGE, PIN-690556. ADV. SMT.D.MINI RAJAN FOR R2 BY PUBLIC PROSECUTOR MR.C.S.HRITHWIK THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = Crl.M.C.No.3421 of 2010 = = = = = = = = = = = == Dated: 18th day of August, 2010 ORDER Petitioner, who is the accused in C.C.No.267/2008 on the file of the J.F.C.M. Court, Changanacherry 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.3421 of 2010 2 Accordingly, this Criminal Miscellaneous Case is allowed. C.C.No.267/2008 pending before the Judicial First Class Magistrate Court, Changanacherry shall stand quashed. V. RAMKUMAR, (JUDGE). dmb