IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 4TH JUNE 2010 / 14TH JYAISTHA 1932 Crl.MC.No. 1738 of 2010() ------------------------- LP.289/2006 of JUDL.MAGISTRATE OF FIRST CLASS-I, KOTTARAKKARA .................... PETITIONER(S): --------------- BIJU, S/O.NAGURKANI RAWTHER, N.S.MANZIL AYUR, KOTTARAKARA, KOLLAM. BY ADV. SRI.SYAM J SAM RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, AT ERNAKULAM. 2. SOFIA, W/O.BIJU, LIGHT HOUSE THALACHIRA MURI, CHAKKUVARAKKAL VILLAGE KOTTARAKARA, KOLLAM NOW RESIDING AT N.S.MANZIL, AYUR, KOTTARAKARA, KOLLAM. ADV. SRI.SAJJU.S FOR R2 PUBLIC PROSECUTOR MR.S.U.NAZER THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 04/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = Crl.M.C.No.1738 of 2010 = = = = = = = = = == Dated: 4th day of June, 2010 ORDER Petitioner, who is the first accused in Crime No.1004/2001 of the Kottarakara Police Station, for an offence punishable under Sec. 498A I.P.C. Now the case is pending before the J.F.C.M Court-I, Kottarakara as L.P. No.289/2006. 2. In the light of the subsequent settlement of the dispute between the marital parties, 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 parties, continuance of the criminal prosecution against the petitioner 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. Crl.M.C.No.1738 of 2010 2 Accordingly, this Criminal Miscellaneous Case is allowed. L.P.No.289/2006, pending before the Judicial First Class Magistrate Court-I, Kottarakara shall stand quashed. V. RAMKUMAR, (JUDGE). dmb