IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 4TH JUNE 2010 / 14TH JYAISTHA 1932 Crl.MC.No. 1949 of 2010() ------------------------- CC.684/2008 of JUDL. MAGISTRATE OF FIRST CLASS-I, KOCHI .................... PETITIONER(S): ACCUSED/APPELLANTS ----------------------------------------------------------------- 1. M.J.ANTONY @ TONY, S/O.JACOB M.V., AGED 32 YEARS, MUTTATHIPARAMBIL HOUSE, SARVODAYAM KURIAN ROAD, NARAKKAL, VYPPIN, COCHIN TALUK. 2. JACOB M.V., AGED 65 YEARS, MUTTATHIPARAMBIL HOUSE, SARVODAYAM KURIAN ROAD, NARAKKAL, VYPPIN, COCHIN TALUK. 3. MAGI, W/O.JACOB M.V., MUTTATHIPARAMBIL HOUSE, SARVODAYAM KURIAN ROAD, NARAKKAL, VYPPIN, COCHIN TALUK. BY ADV. SRI.T.I.DANIEL RESPONDENT(S): STATE COMPLAINANT AND DE FACTO COMPLAINANT -------------------------------------------------------------------------------------------------------------------- 1. THE STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE S.I. OF POLICE, NARAKKAL POLICE STATION, NARAKKAL, COCHIN TALUK. 3. JEENA JOSEPH, D/O.JOSEPH, AGED 29 YEARS, THOTTAKKATT HOUSE, CHERANELLOOR, ERNAKULAM. PUBLIC PROSECUTOR SRI.C.M.NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 04/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = = = = = = Crl.M.C.No.1949 of 2010 = = = = = = = = = = = = = = = = == Dated: 4.6.2010 ORDER Petitioners, who are the husband, father-in-law and mother- in-law of the de facto complainant are the accused in C.C. No.684 of 2008 on the file of the J.F.C.M-I, Kochi for an offence punishable under Sec. 498A I.P.C. 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.684/2008 pending before the Judicial First Class Magistrate Court-I, Kochi shall stand quashed. V. RAMKUMAR, (JUDGE). sj