IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 9TH JULY 2010 / 18TH ASHADHA 1932 Crl.MC.No. 2617 of 2010() ------------------------- CC.390/2009 of JUDL. MAGISTRATE OF FIRST CLASS COURT-I,CHALAKUDY .................... PETITIONER(S): ----------- 1. POLLY, S/O. DEVASSYKUTTY, AGED 43 YEARS, MADAN HOUSE, NADUVATTAM KARA, MANJAPRA VILLAGE ALUVA TALUK ERNAKULAM VILLAGE 2. JOLLY, S/O. DEVASSUKUTTY, AGED 36 YEARS, MADAN HOUSE, NADUVATTAM KARA, MANJAPRA VILLAGE ALUVA TALUK ERNAKULAM VILLAGE BY ADV. SMT.MEREENA JOSEPH RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM 2. ELSSY, D/O. VAREED, AGED 39 YEARS, PUTHUSSERY HOUSE, MURINGOOR, THEKKUMURI VILLAGE, MUKUNMDAPURAM TALUK THRISSUR DISTRICT, KERALA, PUBLIC PROSECUTOR SRI. C.S.S HRITHICK ADV. SRI.SUNIL JOSE FOR R2 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 9-7-2010 , THE COURT ON 09/07/2010 PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = = = = = = Crl.M.C.No. 2617 of 2010 = = = = = = = = = = = = = = = = == Dated: 9th day of July, 2010 ORDER Petitioners, who are the accused in C.C. No.390 of 2009 on the file of the J.F.C.M. , Chalakkudy, for an offence punishable under Sec. 498A read with Sec. 34 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. Accordingly, this Criminal Miscellaneous Case is allowed. C.C. No. 390 of 2009 pending before the J.F.C.M. Chalakkudy shall stand quashed. Sd/- V. RAMKUMAR, (JUDGE). ani /true copy/