IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 19TH NOVEMBER 2010 / 28TH KARTHIKA 1932 Crl.MC.No. 4581 of 2010() ----------------------------------- ( CRIME NO. 341/09 OF MAVELIKKARA PLICE STATION) ----------------- PETITIONER(S): ACCUSED ------------------------------------- 1. CHATERJEE, S/O.LATE SURENDRAN, AGED 25 YEARS, MURALI SADANAM, ARUNOOTTIMANGALAM P.O., MAVELIKKARA. 2. KUMARI, AGED 48 YEARS, W/O.LATE SUREDRAN -DO- -DO-. BY ADVS. SRI.RINNY STEPHEN CHAMAPARAMPIL SRI. ASHA ELIZABETH MATHEW RESPONDENT(S): STATE & COMPLAINANT ------------------------------------------------------------- 1. STATE OF KERALA REPRESENTED BY S.I. OF POLICE, MAVELIKKARA, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 2. SUBI AGED 24 YEARS, D/O. SUREDRAN, NOW RESIDING AT DEVI BHAVANAM, HOUSE NO.44/366, MAY 1ST ROAD, OPPOSITE TO D.D.VILLAGE, THAMMANAM, ERNAKULAM R1 BY PUBLIC PROSECUTOR SRI. P.A.SALIM THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 19/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts V. RAMKUMAR, J. = = = = = = = = = = Crl.M.C.No. 4581 OF 2010 = = = = = = = = = = = = = == Dated: 19th day of November, 2010 ORDER Petitioners, who are the accused in Crime No.341/2009 of Mavelikkara Police Station for an offence punishable under Sec. 498A 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. The F.I.R in Crime No.341/2009 of Mavelikkara Police Station shall stand quashed. V. RAMKUMAR, (JUDGE). dmb