IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 6TH FEBRUARY 2008 / 17TH MAGHA 1929 Crl.MC.No. 528 of 2008() ------------------------ CC.100/2006 of CHIEF JUDICIAL MAGISTRATE COURT, PALAKKAD .................... PETITIONER: ----------------------- 1. M.KRISHNAKUMAR, S/O.SWAMIKUTTAN, SUNIKRISHNA, VASANTHA VIHAR COLONY, PIRAYIRI, PALAKKAD DISTRICT. 2. SWAMIKUTTAN, SUNIKRISHNA, VASANTHA VIHAR COLONY, PIRAYIRI, PALAKKAD DISTRICT. 3. M.RAJALAKSHMI, SUNIKRISHNA, VASANTHA VIHAR COLONY, PIRAYIRI, PALAKKAD DISTRICT. BY ADV. SMT.V.SHYLAJA RESPONDENTS: ------------------------ 1. SUNITHA, W/O.KRISHNAKUMAR, D/O.GOPALAKRISHNAN, KONGAD, PALAKKAD. 2. SUB INSPECTOR OF POLICE, TOWN NORTH POLICE STATION, PALAKKAD. 3. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY ADV. SRI.K.P.BALAGOPAL PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 06/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. = = = = = = = = = = = Crl.M.C.No.528 of 2008 = = = = = = = = = = = = = = Dated this the 6th day of January, 2008 O R D E R The petitioners who are the husband and other family members of the 1st respondent/de facto complainant, are the accused in C.C.No.100 of 2006 on the file of the Chief Judicial Magistrate, Palakkad for an offence punishable under Section 498A IPC. 2. The learned counsel for the 1st respondent admitted that the disputes has since been settled between the marital partners. 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. 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.100/2006 pending before the Chief Judicial Magistrate, Palakkad shall stand quashed. (V.RAMKUMAR, JUDGE) sj Crl.M.C.No./07 2 Crl.M.C.No./07 3