IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 11TH JUNE 2010 / 21ST JYAISTHA 1932 Crl.MC.No. 2049 of 2010() ------------------------- CRIME NO.168/2010 OF CHENGANNOOR POLICE STATION PETITIONER(S): ACCUSED 1. RADHAKRISHNAN, AGED 29 YEARS, S/O.GOVINDAN NAIR, ANPAKAM, VADAKKEVILA VILLAGE, KOLLAM. 2. SHYAMALA KUMARI, AGED 64 YEARS, D/O.AMMUKUTTY AMMA, ANPAKAM, VADAKKEVILA VILLAGE, KOLLAM. 3. KRISHNAKUMAR, AGED 29 YEARS, S/O.GOVINDAN NAIR, ANPAKAM, VADAKKEVILA VILLAGE, KOLLAM. BY ADV. SRI.AJAYA KUMAR. G RESPONDENT(S): STATE/DEFACTO COMPLAINANT 1. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. ASWATHY KRISHNA, W/O.RADHAKRISHNAN, PUSHPA BHAVAN, ANGADICAL, CHENGANNOOR, ALAPPUZHA DISTRICT. PUBLIC PROSECUTOR SRI.C.S.HRITHWICK THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 11/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = = = = = = Crl.M.C.No.2049 of 2010 = = = = = = = = = = = = = = = = == Dated:11.06.2010 ORDER Petitioners, who are the accused Nos.1 to 3 in Crime No.168/2010 of Chengannooor Police Station for an offence punishable under Sec. 498A read with 34 I.P.C, seek to quash the proceedings against them 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 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 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. Crime No.168/2010 of Chengannoor Police Station shall stand quashed. V. RAMKUMAR, (JUDGE). sj