IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 21ST JULY 2008 / 30TH ASHADHA 1930 Crl.MC.No. 2739 of 2008() ------------------------- CC.42/2006 of CHIEF JUDICIAL MAGISTRATE COURT, PALAKKAD .................... PETITIONER: ------------ 1. ANIL KUMAR, RESIDING AT RASI HOUSE, HARITHAPURI OLAVAKKODE, PALAKKAD DISTRICT 2. RAMAKRISHNAN -DO- 3. SUNANDA, -do- 4. PONNUKUTTY, -do- BY ADV. SRI.JACOB SEBASTIAN RESPONDENTS: ------------- 1. K. GREESHMA, D/O. ITTUNNI, AGED 24 YEARS, GIREESH NIVASM MANKAVU, PALAKKAD 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM PUBLIC PROSECUTOR SRI. P. RAVEENDRA BABU BY ADV. SRI.K.N.ABHILASH FOR R1 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 21-07-2008 , THE COURT ON 21/07/2008 PASSED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * Crl.M.C. No. 2739 of 2008 * * * * * * * * * * * * * * * * * * Dated: 21-07-2008 ORDER Petitioners are the accused in C.C. No. 42 of 2006 on the file of the Chief Judicial Magistrate, Palakkad for an offence punishable under Sec. 498 A read with Sec. 34 I.P.C. 2. In the light of the subsequent settlement of the dispute between the marital parties, 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 parties, 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 premature termination of the prosecution. Accordingly, this Criminal Miscellaneous Case is allowed. C.C. No. 42 of 2006 pending before the Judicial Chief Judicial Magistrate Palakkad, shall stand quashed. V. RAMKUMAR, (JUDGE) ani ani.