IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 14TH JANUARY 2008 / 24TH POUSHA 1929 Crl.MC.No. 2423 of 2006(C) ------------------------------- C.C. NO. 14/2005 of JFCM-II, NEDUMANGADU PETITIONER: 1. SUNIL ABRAHAM, AGED 32 YEARS, S/O.ABRAHAM PHILIP, T.C.3098 (E), SUNIL VILLAS, KAVARADI LANE, PETTAH P.O., THIRUVANANTHAPURAM. NOW RESIDING IN KUWAIT. 2. ABRAHAM PHILIP, AGED 69 YEARS, S/O.ABRAHAM, T.C.3098 (E), SUNIL VILLAS, KAVARADI LANE, PETTAH PO.,THIRUVANANTHAPURAM NOW RESIDING IN KUWAIT. 3. MOLLY PHILIP, AGED 59 YEARS, W/O ABRAHAM PHILIP, T.C.3098(E), SUNIL VILLAS, KAVARADI LANE, PETTAH PO., THIRUVANANTHAPURAM, NOW RESIDING IN KUWAIT. BY ADV. SRI.V.V.PRATHEEKSH KURUP RESPONDENTS 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. 2. RENY ROY, AGED 29 YEARS, D/O.ELIZABETH ROY, THUNDIL HOUSE, NETTAYAM, KACHAM PO., THIRUVANANTHAPURAM. BY ADV. SRI.RAM MOHAN.G. SRI. K.S. SIVAKUMAR, PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 14/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. = = = = = = = = = = = Crl.M.C.No 2423 of 2006 = = = = = = = = = = = = = = Dated this the 14th day of January, 2008 O R D E R The petitioners who are the husband, father-in-law and mother-in-law of the de facto complainant, are the accused in C.C.No. 14 of 2005 on the file of J.F.C.M-II, Nedumangadu for an offence punishable under Section 498A 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. The learned counsel appearing for the 2nd respondent wife also submitted that the matter has been settled between the marital partners. 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.14/2005 pending before the Judicial First Class Magistrate Court-II, Nedumangadu 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