IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 5TH MAY 2009 / 15TH VAISAKHA 1931 Crl.MC.No. 1501 of 2009() ------------------------- C.C. NO. 122 OF 2005 ON THE FILE OF THE C.J.M., KOZHIKODE CRA.519/2007 of CHIEF JUDICIAL MAGISTRATE COURT, KOZHIKODE .................... PETITIONER(S): DEFACTO COMPLAINANT AND ACCUSED ---------------------------------------------- 1. PUSHPALATHA, W/O. VINODKUMAR, THACHADITHARA HOUSE, WEST HILL, KACHERY AMSOM, NEAR KANAKALAYA BANK, KOZHIKODE. 2. VINODKUMAR, S/O. KUMARAN, AGED 42 YEARS, THACHADITHARA HOUSE, WEST HILL, KACHERY AMSOM, NEAR KANAKALAYA BANK, KOZHIKODE. BY ADV. SRI.K.M.FIROZ RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, PANNIYANKARA POLICE STATION, KOZHIKODE, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI. K.C. SANTHOSH KUMAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 05/05/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * Crl.M.C. No. 1501 of 2009 * * * * * * * * * * * * * * * * * * Dated: 5th May 2009 ORDER Petitioners who are the de facto complainant and accused in C.C. No. 122 of 2005 on the file of the Chief Judicial Magistrate, Kozhikode, for an offence punishable under Section 498 A I.P.C. seek to quash all further proceedings in the above crime. 2. In the light of the subsequent settlement of the dispute between the marital parties, petitioners have 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 between the parties 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 and C.C. No. 122 of 2005 pending before the Chief Judicial Magistrate , Kozhikode, shall stand quashed. V. RAMKUMAR, (JUDGE). ani