IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 23RD JULY 2010 / 1ST SRAVANA 1932 Crl.MC.No. 2842 of 2010() ------------------------- CC.71/2003 of JUDL. MAGISTRATE OF FIRST CLASS COURT-II, TRIVANDRUM .................... PETITIONER(S): ACCUSED ----------------------------------------- ANIL KUMAR, S/O.GOPI, AGED 46 YEARS, T.C.22/345, KAMPANIVILA, ATTUKAL, ATTUKAL WARD, MANACAUD VILLAGE, THIRUVANANTHAPURAM. BY ADV. SRI.S.MOHAMMED AL RAFI RESPONDENT(S): COMPLAINANT & STATE -------------------------------------------------------------------- 1. SHERIN V.NATH, D/O.VISWANATHA PANICKER, "MINI MANDIR", PULLUVILA, NEYYATTINKARA TALUK, THIRUVANANTHAPURAM. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. ADV. SRI.R.MANOJ FOR R1 PUBLIC PROSECUTOR SRI.KAMMAPPU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = = = = = = Crl.M.C.No.2842 of 2010 = = = = = = = = = = = = = = = = == Dated: 23.07.2010 ORDER Petitioner, who is the 1st accused in C.C. No.71/2003 on the file of the J.F.C.M -II, Thiruvananthapuram for an offence punishable under Sec. 498A read with 34 I.P.C, seeks to quash the proceedings against him 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 petitioner has 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 petitioner 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. Crl.Appeal No.340/2010 on the file of 1st Additional Sessions Court, Thiruvananthapuram and C.C.No.71/2003 pending before the Judicial First Class Magistrate Court- II, Thiruvananthapuram shall stand quashed. V. RAMKUMAR,JUDGE. sj