IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 3RD MARCH 2008 / 13TH PHALGUNA 1929 Crl.MC.No. 922 of 2008() ------------------------ CC.32/2005 of JUDL. MAGISTRATE OF FIRST CLASS COURT-II, THRISSUR .................... PETITIONER: ---------------------- 1. DINESH, AGED 45 YEARS, S/O. KUMARAN, MAPRANATH HOUSE, VADAKKUMURI P.O., PERINGOTTUKARA VILLAGE DESOM, THRISSUR DISTRICT. 2. MEENAKSHI KUMARAN, AGED 74 YEARS, W/O. KUMARAN, MAPRANATH HOUSE, VADAKKUMURI P.O., PERINGOTTUKARA VILLAGE DESOM, THRISSUR DISTRICT. 3. SUMANGALA, AGED 40 YEARS, W/O. SURESH KUMAR, MAPRANATH HOUSE, VADAKKUMURI P.O., PERINGOTTUKARA VILLAGE DESOM, THRISSUR DISTRICT. 4. SURESH KUMAR, AGED 50 YEARS, S/O. KUMARAN, MAPRANATH HOUSE, VADAKKUMURI P.O., PERINGOTTUKARA VILLAGE DESOM, THRISSUR DISTRICT. 5. USHA, AGED 52 YEARS, D/O. KUMARAN, MAPRANATH HOUSE, VADAKKUMURI P.O., PERINGOTTUKARA VILLAGE DESOM, THRISSUR DISTRICT. BY ADV. SRI.SHOBY K.FRANCIS RESPONDENTS: 1. STATE OF KERALA/SUB-INSPECTOR OF POLICE, ANTHIKKAD POLICE STATION, THRISSUR DISTRICT, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUDHA, AGED 36 YEARS, D/O. LAKSHMANAN, THANDASSERY HOUSE, VADAKKUMURI P.O., THANYAM VILLAGE DESOM, THRISSUR. BY PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR SRI.RAHUL SHENOY THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. = = = = = = = = = = = Crl.M.C.No.922 of 2008 = = = = = = = = = = = = = = Dated this the 3rd day of March, 2008 O R D E R The petitioners are the accused in C.C.No.32 of 2005. on the file of J.F.C.M-II, Thrissur for an offence punishable under Section 498A IPC. 2. The learned counsel for the 2nd respondent also admits that the disputes between marital partners has since been settled. 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.32 /2005 pending before the Judicial First Class Magistrate Court-II, Thrissur, shall stand quashed. (V.RAMKUMAR, JUDGE) Crl.M.C.No./07 2 sj Crl.M.C.No./07 3