IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 25TH JUNE 2010 / 4TH ASHADHA 1932 Crl.MC.No. 2313 of 2010() ------------------------- CC.424/2005 of JUDL.MAGISTRATE OF FIRST CLASS, PERUMBAVOOR .................... PETITIONERS: --------------- 1. SAMSON THOMAS, AGED 32 YEARS, S/O.THOMAS, KAROTTUPURAM HOUSE, EAST OKKAL KARA, CHELAMATTOM VILLAGE, PIN-683 544. 2. THOMAS, AGED 4\58 YEARS, S/O.KAROTTUPURAM HOUSE, EAST OKKAL KARA, CHELAMATTOM VILLAGE, PIN-683 544. 3. JASEETHA, AGED 56 YEARS, W/O.THOMAS, KAROTTUPURAM HOUSE, EAST OKKAL KARA, CHELAMATTOM VILLAGE, PIN 683 544. BY ADV. SRI.K.SUNILKUMAR RESPONDENTS: --------------- 1. SIBI ANTONY, AGED 30 YEARS, D/O.ANTONY, KILLUKKAN HOUSE, MUNDANGAMATTOM, NADOVATTOM KARA, NEELEESHWARAM VILLAGE, PIN 683 544. 2. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. SRI.GEORGE VARGHESE KIZHAKKAMBALAM FOR R1 PUBLIC PROSECUTOR SRI.C.S.HRITHIK THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 25/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. ------------------------------------- Crl.M.C.No.2313 of 2010 -------------------------------------- Dated this the 25th day of June, 2010 ORDER Petitioners are the accused Nos.1 to 3 in Crime No.976/2004 of Perumbavoor Police Station for an offence punishable under Sec. 498A I.P.C. 2. In the light of the subsequent settlement of the dispute between the marital parties, 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 parties, 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 premature termination of the prosecution. Crl.M.C.No.2313/2010 : 2 : Accordingly, this Criminal Miscellaneous Case is allowed. C.C.No.424/2005 pending before the Judicial First Class Magistrate Court, Perumbavoor shall stand quashed. Sd/- V.RAMKUMAR, JUDGE skj True copy P.A. to Judge