IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 29TH JULY 2010 / 7TH SRAVANA 1932 Crl.MC.No. 3017 of 2010() -------------------------------------- CRIME NO.140/2010 OF RAMAPURAM POLICE STATION PETITIONER(S): ACCUSED ----------------------------------------- 1. SHIBU JOSEPH, S/O.JOSEPH, AGED 41 YEARS, THAEKKILAKKATTIL AREEKARA, KUDAPPALAM, MEENACHIL TALUK, KOTTAYAM. 2. JOSEPH, AGED 70 YEARS, THAEKKILAKKATTIL AREEKARA, KUDAPPALAM, MEENACHIL TALUK, KOTTAYAM. 3. PENNAMMA, W/O.JOSEPH, THAEKKILAKKATTIL AREEKARA, KUDAPPALAM, MEENACHIL TALUK, KOTTAYAM. BY ADV. SRI.P.P.THAJUDEEN RESPONDENT(S): DEFACTO COMPLAINANT/INJURED/STATE --------------------------------------------------------------------------------------------------- 1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING STATION HOUSE OFFICER, RAMAPURAM POLICE STATION, KOTTAYAM DISTRICT. 2. AJIMOL JOSEPH, D/O.JOSEPH, KOCHUPURACKAL PANATHAN, KIDANGOOR, KOTTAYAM. ADV. SRI.RAJAGOPAL PADIPURACKAL FOR R2 PUBLIC PROSECUTOR SRI.C.S.HRITHWICK THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 29/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = = = = = = Crl.M.C.No.3017 of 2010 = = = = = = = = = = = = = = = = == Dated: 29.07.2010 ORDER Petitioners, who are the accused in Crime No.140/2010 of Ramapuram Police Station for an offence punishable under Sec. 498A I.P.C, seek to quash the proceedings against them 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 petitioners have 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 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 a premature termination of the prosecution. Accordingly, this Criminal Miscellaneous Case is allowed. Annexure I FIR and all further proceedings shall stand quashed. V. RAMKUMAR, (JUDGE). sj