IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 17TH JUNE 2010 / 27TH JYAISTHA 1932 Crl.MC.No. 2134 of 2010() ------------------------- CRIME NO.700/2009 OF PUTHENCRUZ POLICE STATION PETITIONER(S): ------------------------ JOSE, S/O.MATHEWS, AGED 36 YEARS IYYRICKAL HOUSE, IYYKARANADU NORTH KUNNATHUNADU TALUK. BY ADV. SRI.PAUL K.VARGHESE RESPONDENT(S): -------------------------- 1. STATE OF KERALA REPRESENTED BY SI OF POLICE, PUTHENCRUZ POLICE STATION, PUTHENCRUZ. 2. LIBIMOL, W/O.JOSE, AGED 26 YEARS KANJIRAVALIL VEEDU, PAZHAMTHOTTAM KUNNATHUNADU TALUK. ADV. SRI.PRAMOD KOCHUTHOMMEN.E. FOR R2 PUBLIC PROSECUTOR SRI.KAMAPPU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 17/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = = = = = = Crl.M.C.No.2134 of 2010 = = = = = = = = = = = = = = = = == Dated: 17.06.2010 ORDER Petitioner, who is the accused in C.C. No.1074/2009 on the file of the J.F.C.M, Kolenchery for offences punishable under Sections. 498A and 506(1) 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 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.1074/2009 pending before the Judicial First Class Magistrate Court, Kolencherry shall stand quashed. V. RAMKUMAR, (JUDGE). sj