IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 18TH MAY 2010 / 28TH VAISAKHA 1932 Crl.MC.No. 1170 of 2010() ------------------------- CC.1904/2009 of ADDL.CHIEF JUDICIAL MAGISTRATE, ERNAKULAM .................... PETITIONER(S): ACCUSED ------------------------------------------ SURESH.T.G, AGED 36 YEARS, S/O.LATE GOVINDAN,THARAYATH VEEDU,MARADU.P.O, ERNAKULAM. BY ADV. SRI.K.P.JUSTINE (KARIPAT) RESPONDENT(S): COMPLAINANTS ---------------------------------------------------------- 1. STATE OF KERALA,REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM(IN CRIME NO.998 OF 2008 OF PANANGAD POLICE STATION NOW PENDING AS C.C.1904/2009 BEFORE THE ADDITIONAL CHIEF JUDICIAL MAGISTRATE'S COURT,ERNAKULAM. 2. JINI,AGED 25 YEARS,D/O.JOSHI, PYNAKKIL HOUSE,VENNALA.P.O,COCHIN-682 028. PUBLIC PROSECUTOR SRI.S.U.NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = = = = = = Crl.M.C.No.1170 of 2010 = = = = = = = = = = = = = = = = == Dated: 18.05.2010 ORDER Petitioner, who is the husband of the de facto complainant is the accused in C.C. No. 1904 of 2009 on the file of the Additional Chief Judicial Magistrate's Court, Ernakulam for an offence punishable under Sec. 498A I.P.C. 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 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.1904 of 2009 pending before the Additional Chief Judicial Magistrate's Court, Ernakulam, shall stand quashed. V. RAMKUMAR, (JUDGE). sj