IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 18TH MAY 2010 / 28TH VAISAKHA 1932 Crl.MC.No. 1678 of 2010() ------------------------- CC.676/2009 of JUDL. MAGISTRATE OF FIRST CLASS COURT, CHAVAKKAD .................... PETITIONER(S): ACCUSED 1 TO 3 ------------------------------------------------------- 1. JAYANTH, AGED 30 YEARS S/O. SANKARAN, CHENDAYIL HOUSE, NADUVILKARAN DESOM, VADANAPPALLY,THRISSUR DISTRICT 2. LEELA, AGED 57, W/O. SANKARAN, CHENDAYIL HOUSE, NADUVILKARAN DESOM, VADANAPPALLY THRISSUR DISTRICT. 3. JISHA, AGED 27 YEARS, W/O. GOKULDAS, VEMMANI HOUSE, PONNANI DESOM, MALAPPURAM DIST. BY ADV. SRI.M.R.DHANIL RESPONDENT(S): COMPLAINANT/STATE ------------------------------------------------------------------ 1. SINDHU @ SOUMYA, D/O. SUDHAKARAN, AGED 24 YEARS, THEKKAYIL HOUSE, PAZHUVIL WEST.P.O. CHAZHOOR, THRISSUR DISTRICT.(DEFACTO COMPLAINANT) 2. SUB INSPECTOR OF POLICE, VATANAPPILLY POLICE STATION, THRISSUR, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, COCHIN-682031. 3. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, COCHIN-682031. ADV. SRI.A.P.VASAVAN FOR R1 PUBLIC PROSECUTOR SRI.S.U.NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = = = = = = Crl.M.C.No.1678 of 2010 = = = = = = = = = = = = = = = = == Dated: 18.05.2010. ORDER Petitioners, who are the husband, mother-in-law and sister-in- law of the de facto complainant are the accused in C.C. No.676/2009 on the file of the J.F.C.M-I, Chavakkad for an offence punishable under Sec. 498A I.P.C. 2. The de facto complainant has filed an affidavit to the effect that the entire matter has been settled with the accused and she has obtained a decree of divorce from the 1st accused in O.P.No.240/2009 on the file of the Family Court, Trissur. 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 parties, continuance of the criminal prosecution against the petitioners is an avoidable irritant. Crl.M.C..No.1678/2010 2 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.676 of 2009 pending before the Judicial First Class Magistrate Court-I, Chavakkad, shall stand quashed. V. RAMKUMAR, (JUDGE). sj