IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 22ND JANUARY 2008 / 2ND MAGHA 1929 Crl.MC.No. 271 of 2008() ------------------------ CC.665/2006 of J.F.C.M- , KOTHAMANGALAM .................... PETITIONERS: ------------ 1. BINU THOMAS, S/O.THOMAS, AGED 31, KULANGATTIL HOUSE, NJAYAPPALLY P.O., THATTEKKADU, KUTTAMPUZHA. 2. SALOMY, W/O.THOMAS, KULANGATTIL HOUSE, NJAYAPPALLY P.O., THATTEKKADU. 3. BINDU, D/O.THOMAS, KULANGATTIL HOUSE, NJAYAPPALLY P.O., THATTEKKADU. 4. THOMAS, -DO-, -DO-. BY ADV. SRI.P.CHANDY JOSEPH RESPONDENTS: ----------------------- 1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. 2. JOBBY, D/O.JOSEPH, CHONNAKKATTEL VEEDU, KOLENCHERRY. BY ADV. SRI.JOY C. PAUL PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 22/01 /2008 , THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. = = = = = = = = = = = Crl.M.C.No.271 of 2008 = = = = = = = = = = = = = = Dated this the 22nd day of January, 2008 O R D E R The petitioners, who are the husband, mother-in-law, sister- in-law and father-in-law of the de facto complainant, are the accused in C.C.No.665 of 2006 on the file of J.F.C.M, Kothamangalam for an offence punishable under Section 498A IPC. 2. The learned counsel for the 2nd respondent, wife admitted that the disputes between the marital partners are settled. In light of the subsequent settlement of the disputes 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. 665/2006 pending before the Judicial First Class Magistrate Court, Kothamangalam, shall stand quashed. (V.RAMKUMAR, JUDGE) sj Crl.M.C.No./07 2 Crl.M.C.No./07 3