IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 15TH JANUARY 2008 / 25TH POUSHA 1929 Crl.MC.No. 185 of 2008() ------------------------ CC.779/2006 of JUDL.MAGISTRATE OF FIRST CLASS COURT-I, PATHANAMTHITTA .................... PETITIONERS/ACCUSED: --------------------------- 1. JOSE VARGHESE, S/O. VARGHESE, PLAVILA PUTHENVEEDU, KOODAL VILLAGE. 2. JOHN VARGHESE, S/O. VARGHESE, RESIDING AT DO. DO. 3. VARGHESE, S/O. SAKHARIA, RESIDING AT DO. DO. 4. ANITHA, W/O. JOHN VARGHESE, RESIDING AT DO. DO 5. MARIAMMA, RESIDING AT DO. DO 6. RAJANI, D/O. MATHEW, KILITHATTIL VEEDU, ELIKKODU, KOODAL VILLAGE. BY ADV. SRI.MVS.NAMBOOTHIRY RESPONDENTS: ----------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY ADV. SRI. K.S. SIVAKUMAR, PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 15/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. = = = = = = = = = = = Crl.M.C.No 185 of 2008 = = = = = = = = = = = = = = Dated this the 15th day of January, 2008 O R D E R The petitioners are the accused in C.C.No. 779 of 2006 on the file of J.F.C.M-I, Pathanamthitta for an offence punishable under Section 498A IPC. 2. In light of the subsequent settlement of the dispute between the marital partners, the petitioners have approached this Court for quashing the said proceedings 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. 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 and C.C.No.779/2006 pending before the Judicial First Class Magistrate Court-I, Pathanamthitta shall stand quashed. (V.RAMKUMAR, JUDGE) rv Crl.M.C.No./07 2 Crl.M.C.No./07 3 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007