IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 5TH AUGUST 2010 / 14TH SRAVANA 1932 Crl.MC.No. 3114 of 2010() ----------------------------------- CMP.5045/2009 of JUDL.MAGISTRATE OF FIRST CLASS-I, KOLLAM .................... PETITIONER(S): ACCUSED NO.1 TO 3 AND DEFACTO COMPLAINANT -------------------------------------------------------------------------------------------------- 1. RAKESH, AGED 33,S/O. RAJKUMAR, RAKESH BHAVAN, KARIKKODU, PEROOR, KOLLAM. 2. SANTHANAVALLY, W/O. RAJKUMAR, RAKESH BHAVAN, KARIKKODE, PEROOR, KOLLAM. 3. RANJITH,S/O.RAJKUMAR, RAKESH BHAVAN KARIKKODU,PEROOR, KOLLAM. 4. THUSHARA, D/O. SUMA, AKKAVILA VEEDU, SRE SARAVANA NAGAR NO.214, VALATHUNGAL CHERRY, ERAVIPURAM VILLAGE, KOLLAM. BY ADV. SRI.V.V.RAJA SRI.M.T.SURESHKUMAR SMT.K.M.NAZREEN RESPONDENT(S): STATE ---------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.C.M.KAMMAPPU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 05/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss V. RAMKUMAR, J. = = = = = = = = = = Crl.M.C.No. 3114 OF 2010 = = = = = = = = = = == Dated: 5th day of August, 2010 ORDER Petitioners, who are accused Nos.1 to 3 in Crime No.215/2009 of Kilikollor Police Station for an offence punishable under Sec. 498A I.P.C, seek to quash the proceedings against them on the ground that the marital partners have subsequently settled their disputes. 2. In the light of the subsequent settlement of the dispute between the marital partners, 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 partners, 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 a premature termination of the prosecution. Crl.M.C.No. 3114 OF 2010 2 Accordingly, this Criminal Miscellaneous Case is allowed. Crime No.215/2009 of Kilikollor Police Station shall stand quashed. V. RAMKUMAR, (JUDGE). dmb