IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 16TH AUGUST 2010 / 25TH SRAVANA 1932 Crl.MC.No. 3398 of 2010() ------------------------- C.C.NO.451/2006 OF J.F.C.M COURT-III, THRISSUR CRIME NO.403/2002 OF OLLUR POLICE STATION PETITIONER(S): PETITIONER/ACCUSED --------------------------------- JAISON, S/O.KOCHAPPAN, KAPPANI HOUSE, PUTHUR , THRISSUR DISTRICT. BY ADV. SRI.P.K.SAJEEV RESPONDENT(S): --------------- 1. SHERLY, D/O.PORINCHU, KURUVATHINGAL HOUSE ANCHERI, OLLUR, THRISSUR. 2. STATE OF KERALA, REPRESETNED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. SRI.P.SANTHOSH (PODUVAL) FOR R1 BY PUBLIC PROSECUTOR MR.KAMMAPPU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 16/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = Crl.M.C.No.3398 of 2010 = = = = = = = = = = = == Dated: 16th day of August, 2010 ORDER Petitioner, who is the 1st accused in C.C.No.451/2006 on the file of the J.F.C.M. Court-III, Thrissur for an offence punishable under Sec. 498A 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. Crl.M.C.No.3398 of 2010 2 Accordingly, this Criminal Miscellaneous Case is allowed. C.C.No.451/2006 before the Judicial First Class Magistrate Court- III, Thrissur shall stand quashed. V. RAMKUMAR, (JUDGE). dmb