IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 30TH JULY 2010 / 8TH SRAVANA 1932 Crl.MC.No. 378 of 2010() ------------------------ CC.177/2006 of JUDL.MAGISTRATE OF FIRST CLASS COURT-V, TRIVANDRUM .................... PETITIONER(S): ACCUSED NOS 1 TO 3 IN C.C.NO.177/2006 ---------------------------------------------------- 1. G.GOPIKRISHNAN, S/O.GOPINATHAN NAIR, AGED 33 YEARS, RESIDING AT "ANIYARA" 100, GANDHI NAGAR, COTTON HILL, VAZHUTHACAUD, THIRUVANANTHAPURAM. 2. C.GOPINATHAN, S/O.CHELLAPPAN PILLAI, AGED 70 YEARS, RESIDING AT "ANIYARA" 100, GANDHI NAGAR, COTTON HILL, VAZHUTHACAUD, THIRUVANANTHAPURAM. 3. SARASWATHI THANKACHI, AGED 68 YEARS, W/O.GOPINATHAN NAIR, RESIDING AT "ANIYARA" 100, GANDHI NAGAR, COTTON HILL, VAZHUTHACAUD, THIRUVANANTHAPURAM. BY ADV. SRI.P.GOPAKUMARAN NAIR SRI.C.S.DIAS SRI.N.K.SUBRAMANIAN RESPONDENT(S): RESPONDENTS 1 & 2/DEFACTO COMPLAINANT IN CC 177/06 ----------------------------------------------------------------- 1. C.K.RAJANI, D/O.CHANDRIKA DEVI, AGED 31 YEARS, RESIDING AT KADAKAMPALLY VEEDU, ANAYARA, THIRUVANANTHAPURAM. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR MR. KAMMAPPU SRI.C.V.BIMAL ROY FOR R1 SRI.C.A.CHACKO FOR R1 THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 30/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = Crl.M.C.No. 378 OF 2010 = = = = = = = = = = == Dated: 30th day of July, 2010 ORDER Petitioners, who are accused Nos.1 to 3 in C.C.No. 177/2006 on the file of the J.F.C.M. Court-V (Special Court for Mark list case), Thiruvananthapuram 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. Even though 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. 378 OF 2010 2 Accordingly, this Criminal Miscellaneous Case is allowed. C.C.No.177/2006 pending before the Judicial First Class Magistrate Court-V, Thiruvananthapuram shall stand quashed. V. RAMKUMAR, (JUDGE). dmb