IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 3RD AUGUST 2010 / 12TH SRAVANA 1932 Crl.MC.No. 3007 of 2010 ---------------------------------- (CRIME NO. 260/2006 OF VARAPPUZHA POLICE STATION, ERNAKULAM) .................... PETITIONERS/ACUSED 1,2,3: ------------------------------------------ 1. RAJEEV, S/O.RAJAPPAN, AGED 31 YEARS, MADATHUMPADY HOUSE,VALLUVALLIKKARA, KOTTUVALLI VILLAGE. 2. BHAVANI, W/O.RAJAPPAN AGED 58 YEARS,DO..DO... 3. RAJAPPAN S/O.KUMARAN, AGED 67 YEARS DO..DO... BY ADV. SRI.S.RAJEEV. RESPONDENTS/COMPLAINANTS: ------------------------------------------------- 1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, (CRIME NO 260/2006 VARAPPUZHA POLICE STATION, ERNAKULAM). 2. SONIA, W/O.RAJEEV, MADATHUMPADY HOUSE,VALLUVALLIKKARA, KOTTUVALLI VILLAGE - 683 513. R1 BY PUBLIC PROSECUTOR SRI. HRITIK. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. V.RAMKUMAR, J. ------------------------------------------------ Crl.M.C.No.3007 of 2010 ------------------------------------------------- Dated this the 3rd day of August, 2010 ORDER The petitioners are the accused Nos.1 to 3 in Crime No.260/2006 of Varappuzha Police Station for an offence punishable under Sec. 498A read with Section 34 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 read with Section 34 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 Crl.M.C.No.3007/2010 : 2 : bring about premature termination of the prosecution. Accordingly, this Criminal Miscellaneous Case is allowed. C.C.No.255/2007 pending before the Judicial First Class Magistrate Court, North Paravur shall stand quashed. V.RAMKUMAR, JUDGE skj