IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 13TH JULY 2010 / 22ND ASHADHA 1932 Crl.MC.No. 2287 of 2010() ------------------------- CC.479/2003 of JUDL. MAGISTRATE OF FIRST CLASS-V, KOZHIKODE .................... PETITIONER(S): ----------- 1. Pootheri Santhosh Kumar, S/o. Appukuttan, Kandamnkulangara House, West Nellur P.O. Feroke, Kozhikode 2. Devayani, W/o. Appukuttan, Kandamnkulangara House, West Nellur P.O. Feroke, Kozhikode 3. Shaji, S/o. Appukuttan, Kandamnkulangara House, West Nellur P.O. Feroke, Kozhikode 4. Bindhu, D/o. Appukutan, Kandamnkulangara House, West Nellur P.O. Feroke, Kozhikode BY ADV. SRI.PRASAD V.P. RESPONDENT(S): ------------ 1. The State of Kerala (Represented by its Public Prosecutor High Court of Kerala, Ernakulam 2. Irakkathil Sabitha, D/o. Surendran, Nedumppurath Methoa, Pantheeramkavu P.O. Kozhikode Pin – 673 019 PUBLIC PROSECUTOR SRI.C.S. HRITHICK SRI.K.K.RAJEEV FOR R2 THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 13/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ........................................................... Crl.M.C.No. 2287 OF 2010 ............................................................... Dated: 13TH DAY OF JULY, 2010 ORDER Petitioners, who are the accused in C.C. No. 479 of 2003 on the file of J.F.C.M. V, Kozhikode for offences punishable under Sections 323, 406, 298-A and 506 (iii) read with Sec. 34 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. C.C. No. 479 of 2003 pending before the Judicial First Class Magistrate -V, Kozhikode, shall stand quashed. V. RAMKUMAR, (JUDGE). ani/