IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 5TH FEBRUARY 2008 / 16TH MAGHA 1929 Crl.MC.No. 363 of 2008() ------------------------ CC.124/2006 of JUDL.MAGISTRATE OF FIRST CLASS COURT, PAYYANNUR .................... PETITIONERS: ACCUSED --------------------------- 1. MANOJ @ SAMUEL VARGHESE, S/O.LEELAMMA VARGHESE, AGED 28 YEARS, ARYATTU SANTHOSH BHAVAN, THERUVUMUKKU, CHUNAKKARA, KOMALLOOR P.O., ALAPPUZHA. 2. LEELAMMA VARGHESE, W/O.VARGHESE DANIEL, ARYATTU SANTHOSH BHAVAN, THERUVUMUKKU, CHUNAKKARA. BY ADV. SRI.SUNIL NAIR PALAKKAT SRI.K.N.ABHILASH RESPONDENTS: COMPLAINANT & STATE -------------------------------------------- 1. STATE OF KERALA, REPRESENTATION BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. 2. SONY SAM, AGED 22 YEARS, D/O.K.M.MATHEW, KIZHAKKEKARA HOUSE, KAKKADUKUNNU, VALAKKAI, CHUZHALI AMSOM, NIDUVALOOR DESOM, SREEKANDAPURAM, THALIPARAMBA TALUK, KANNUR. R1 BY PUBLIC PROSECUTOR, SRI.M.S. BREEZE. R2 BY ADV. SRI.JACOB SEBASTIAN THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 05/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ------------------------------- Crl.M.C. No. 363 OF 2008 ----------------------------------- Dated this the 5th day of February, 2008 O R D E R The petitioners who are the husband and mother-in-law of the de facto complainant, are the accused in C.C.No. 124 of 2006 on the file of J.F.C.M, Payyannur for an offence punishable under Sections 498A & 406 IPC. 2. Learned counsel for the 2nd respondent wife also conceded that the matter has been settled by the marital parties. In light of the subsequent settlement of the dispute between the marital partners, the petitioners have approached this Court for quashing the said proceedings 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. Even though the offence under Section 498A I.P.C is not compoundable, in the light of the decision of the Apex Court in B.S.Joshi vs. State of Haryana [AIR 2003 SC 1386] , the powers under Section 482 Cr.P.C can be invoked by this Court to bring Crl.MC No. 363 OF 2008 2 about a premature termination of the prosecution. Accordingly, this Criminal Miscellaneous Case is allowed and C.C.No. 124 of 2006 pending before the Judicial First Class Magistrate Court, Payyannur shall stand quashed. V. RAMKUMAR, JUDGE btt Crl.MC No. 363 OF 2008 3