IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 20TH MAY 2010 / 30TH VAISAKHA 1932 Crl.MC.No. 1739 of 2010() -------------------------------------------- C.C.NO.892/2008 OF JFCM-I, THRISSUR PETITIONER(S): ACCUSED ---------------------------------------- ASOKAN, AGED 41 YEARS, S/O.AYYAPPAN, KOTHARACKAL HOUSE, KOTTEKKAD DESOM, KUTTOOR VILLAGE, THRISSUR. BY ADV. SRI.P.SANTHOSH (PODUVAL) SMT.R.RAJITHA RESPONDENT(S): DEFACTO-COMPLAINANT & STATE ------------------------------------------ 1. SUJATHA, D/O.THAMI, CHIMBATH PARAMBIL HOUSE, KOTTAPPADI KAPPIYOOR DESOM, CHAVAKKAD TALUK. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.C.S.HRITHWICK THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 20/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = = = = = = Crl.M.C.No.1739 of 2010 = = = = = = = = = = = = = = = = == Dated: 20.5.2010 ORDER Petitioner, who is the husband, of the de facto complainant is the accused in C.C. No.892 of 2009 on the file of the J.F.C.M-1, Thrissur, 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.892/2009 pending before the Judicial First Class Magistrate Court-I, Thrissur, shall stand quashed. V. RAMKUMAR, (JUDGE). sj