IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 1ST JANUARY 2008 / 11TH POUSHA 1929 Crl.MC.No. 3811 of 2007() --------------------------------------------- PETITIONER: DEFACTO COMPLAINANT -------------------------------------------------------------- MERCY, AGED 29 YEARS, D/O.CLEMENT, RESIDING AT ANGILI MOOTTIL VEEDU, PERINGALAM MURIYIL, MUNDROTHURUTHU VILLAGE, KOLLAM TALUK, KOLLAM DISTRICT. BY ADV. SRI. JOHNSON GOMEZ RESPONDENTS: -------------------------- 1. THE STATE OF KERALA, REPRESENTED THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM THROUGH THE SUB INSPECTOR OF POLICE, EAST KALLADA. 2. BINU, AGED 32, S/O.JAMES, RESIDING AT ANGILI MOOTTIL VEEDU, PERINGALAM MURIYIL, MUNDROTHURUTHU VILLAGE, KOLLAM TALUK, KOLLAM DISTRICT. 3. JAMES, AGED 60, RESIDING AT ANGILI MOOTTIL VEEDU, PERINGALAM MURIYIL, MUNDROTHURUTHU VILLAGE, KOLLAM TALUK, KOLLAM DISTRICT. 4. STELLA, AGED 54, W/O.JAMES, AGED 60, RESIDING AT ANGILI, MOOTTIL VEEDU, PERINGALAM MURIYIL, MUNDROTHURUTHU VILLAGE, KOLLAM TALUK, KOLLAM DISTRICT. 5. BINDHU EDWIN, AGED 28 YEARS, RESIDING AT ANGILI MOOTTIL VEEDU, PERINGALAM MURIYIL, MUNDROTHURUTHU VILLAGE, KOLLAM TALUK, KOLLAM DISTRICT. BY PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 01/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C.No. 3811 of 2007 = = = = = = = = = = = = = = = Dated this the 1st day of January, 2008 O R D E R The petitioner is the de facto complainant in Crime No.80 of 2006 of East Kallada Police Station for an offence punishable under Section 498A IPC read with Sec.34 IPC. 2. In light of the subsequent settlement of the dispute between the marital partners, the petitioner has approached this Court for quashing the FIR in the above case 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 respondents 2 to 5 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 about a premature termination of the prosecution. Accordingly, this Criminal Miscellaneous Case is allowed. Crime No.80 of 2006 of East Kallada Police Station shall stand quashed. (V.RAMKUMAR, JUDGE) sj