IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 1ST JULY 2010 / 10TH ASHADHA 1932 Crl.MC.No. 2437 of 2010() --------------------- CRIME NO. 103 OF 2007 OF PUTHENVELIKKARA POLICE STATION PETITIONER(S): ACCUSEC NOS 1-3 ------------------------------ 1. SUKUMARAN, AGED 32 YEARS, S/O.APPU, KALARIKKAL HOUSE, MARAMPALLY P.O., NORTH VAZHAKKULAM, KUNNATHUNADU TALUK. 2. APPU, AGED 68 YEARS, S/O.KONJAYYAPPAN, KALARIKKAL HOUSE, MARAMPALLY P.O., NORTH VAZHAKKULAM, KUNNATHUNADU TALUK. 3. AMMINI, AGED 64 YEARS, W/O. APPU, KALARIKKAL HOUSE, MARAMPALLY P.O., NORTH VAZHAKKULAM, KUNNATHUNADU TALUK. BY ADV. SRI.K.SUNILKUMAR RESPONDENT(S): COMPLAINANT & STATE ---------------------------------- 1. BIVITHA, AGED 27 YEARS, D/O.BABU, THOTTATHAN HOUSE, KAROTTUKARA, PUTHENVELIKKARA VILLAGE, PARAVUR TALUK. 2. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. SMT.MANJU R.KARTHA FOR R1 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = = = = = = Crl.M.C.No. 2437 of 2010 = = = = = = = = = = = = = = = = == Dated: 01-07-2010 ORDER Petitioners, who are the accused in C.C. No..68 of 2010 on the file of the J.F.C.M. North Paravur for offences punishable under Sections 406, 498 A, 506 (1) 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. 68 of 2010 pending before the J.F.C.M. North Paravur shall stand quashed. V. RAMKUMAR, (JUDGE). ani