IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 15TH FEBRUARY 2008 / 26TH MAGHA 1929 Crl.MC.No. 662 of 2008() ---------------------------- CRIME NO. 652/2007 of VAIKOM POLICE STATION PETITIONER: ACCUSED NOS. 1 TO 3 & DEFACTO COMPLAINANT ---------------------------------------------------------------------- 1. G.GIRISH, AGED 32 YEARS, S/O.M.P.GOPINATHAN NAIR, KRISHNA KRIPA, CHALAPARAMBU, VAIKOM P.O., KOTTAYAM DISTRICT. 2. A.GIRIJA DEVI, AGED 54 YEARS, W/O.M.P.GOPINATHAN NAIR, KRISHNA KRIPA, CHALAPARAMBU, VAIKOM P.O., KOTTAYAM DISTRICT. 3. MRS.LAKSHI SIVADAS, AGED 52 YEARS, W/O.SIVADAS, MATTATHIL HOUSE, PANAVALLI P.O., AROOR, CHERTHALA, ALAPPUZHA DISTRICT. 4. SUMA V.NAIR, AGED 26 YEARS, D/O.VISWANATHA PANICKER, MARAKKALATH HOUSE, CHERUMCHUVADU BHAGOM, KIZHAKKUMCHERRY THEKKEMURI KARA, NADUVILE VILLAGE, VAIKOM, KOTTAYAM DISTRICT. BY ADV. SRI.M.G.KARTHIKEYAN SRI.NIREESH MATHEW RESPONDENTS: COMPLAINANT ---------------------------------- STATE OF KERALA, REPRESENTED BY SUB INSPECTOR OF POLICE, VAIKOM POLICE STATION, KOTTAYAM DISTRICT REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY ADV. SRI. K.S. SIVAKUMAR, PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 15/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. =================== Crl.M.C.No 662 of 2008 = = = = = = = = = = = = = = Dated this the 15th day of February, 2008 O R D E R The petitioners are the accused in Crime No. 652/2007 of Vaikom Police Station for offences punishable under Sections 498A, 341 and 323 r/w Section 34 IPC. 2. 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 further proceedings in Crime No. 652/2007 of Vaikom Police Station shall stand quashed. V.RAMKUMAR, JUDGE. rv Crl.M.C.No./07 2 Crl.M.C.No./07 3 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007