IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 7TH FEBRUARY 2008 / 18TH MAGHA 1929 Crl.MC.No. 581 of 2008() CRMP.369/2007 of JUDL.MAGISTRATE OF FIRST CLASS-I, ERNAKULAM CRIME NO. 732/2007 of PALARIVATTOM POLICE STATION .................... PETITIONER/ACCUSED: 1. PUNNAN PHILIP P., AGED 30 YEARS S/O.LATE PHILIP P.MATHEW, PUSHAPAMANGALAM OPPOSITE TO TELEPHONE EXCHANGE, M.K.K.NAIR ROAD PALALRIVATTOM, KOCHI-682 025. 2. BENNY PHILIP, S/O.LATE PHILIP P.MATHEW PUSHAPAMANGALAM, PUTHIYA ROAD JUNCTION VYTTILA ROAD, PALARIVATTOM, KOCHI-682 025. 3. ANU SINDHU BENNY, W/O.DENNY PHILIP PUSHAPAMANGALAM, PUTHIYA ROAD JUNCTION VYTTILA ROAD, PALARIVATTOM, KOCHI-682 025. 4. DINU PHILIP P., PUSHPAMANGALAM ARKAKKADAVU, VENNALA ROAD, ALINCHUVADU PALARIVATTOM. BY ADV. SRI.S.SREEKUMAR SRI.P.MARTIN JOSE RESPONDENTS./COMPLAINANT: 1. NITHYA JACOB, AGED 23 D/O.JACOB ABRAHAM, KADAKETH HOUSE MOOLAMPALLY NEELESWARAM, KAZARGOD. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. BY ADV. SRI.C.P.PEETHAMBARAN THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 08/02/2008, THE COURT ON 07/02/2008 PASSED THE FOLLOWING: V.RAMKUMAR, J. =================== Crl.M.C.No 581 of 2008 = = = = = = = = = = = = = = Dated this the 7th day of February, 2008 O R D E R The petitioners, who are the husband, brothers-in-law and sister-in-law of the de facto complainant, are the accused in Crime No. 732/2007 of Palarivattom Police Station 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. The learned counsel appearing for the 1st respondent/complainant also submitted that the matter has been settled between the marital partners. 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 all the proceedings in Crime No. 732/2007 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