IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 25TH FEBRUARY 2008 / 6TH PHALGUNA 1929 Crl.MC.No. 670 of 2008() ------------------------ C.C.NO.741/2006 (1331/2003) ON THE FILE OF THE J.F.C.M, KARUNAGAPPALLY (CRIME NO,584/2003 OF KARUNAGAPPALLY POLICE STATION) PETITIONER: ACCUSED ---------------------------------------- JAYAPRAKASH, S/O.PARAMUDAS, JAYA BHAVAN, THAZHAVA VILLAGE, THEKKUMM MURI, KIZHAKKU, KARUNAGAPPALLY. BY ADV. SRI. K.SIJU RESPONDENTS: COMPLAINANT & STATE ------------------------------------------------------------------- 1. PRINCY, D/O.KRISHNAKUMARI, PUNNUTHARA VEEDU, PADANAYARKULANGARA VADAKKUM MURI, KARUNAGAPPALLY VILLAGE. 2. STATE OF KERALA REPRESENTED BY THE S.I. OF POLICE, KARUNAGAPPALLY (PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM). BY ADV. SRI.B.SUGATHAN PUBLIC PROSECUTOR SRI.PUZHAKKARA MUHAMMED THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 25/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. = = = = = = = = = = = Crl.M.C.No.670 of 2008 = = = = = = = = = = = = = = Dated this the 25th day of February, 2008 O R D E R The petitioner who is the husband of the de facto complainant, is the sole accused in C.C.No.741 of 2006 on the file of J.F.C.M, Karunagappally for an offence punishable under Section 498A IPC. 2. The learned counsel appearing for the 1st respondent also admitted that the disputes has since been settled between the marital partners. In light of the subsequent settlement of the dispute between the marital partners, the petitioner has 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 petitioner 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.741/2006 pending before the Judicial First Class Magistrate Court, Karunagappally shall stand quashed. (V.RAMKUMAR, JUDGE) sj Crl.M.C.No./07 2 Crl.M.C.No./07 3