IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 8TH JANUARY 2008 / 18TH POUSHA 1929 Crl.MC.No. 98 of 2008() ----------------------- CC.2496/2005 of ADDL.CHIEF JUDICIAL MAGISTRATE, ERNAKULAM .................... PETITIONER: ACCUSED 1, 3, 4 & 5 ------------------------------- 1. PRAVEENKUMAR, AGED 36 YEARS, S/O.APPU, PANAKKAL HOUSE, JAWAHAR ROAD, KOCHI-19. 2. SURESH M.P., AGED ABOUT 49 YEARS, P.O.KUREEKKAD, THIRUVANKULAM, CHOTTANIKKARA. 3. SALILA SURESH, AGED ABOUT 42 YEARS, W/O.SURESH, P.O.KUREEKKAD, THIRUVANKULAM, CHOTTANIKKARA. 4. PRIYA PRAVEEN, AGED ABOUT 35 YEARS, W/O.P.R.PRAVEEN, THRIPUNITHURA, NADAKKAVU. BY ADV. SRI.PEEYUS A.KOTTAM RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. VEENA, AGED 26 YEARS, D/O.SUKUMARAN, CHIRANGARA, MUKUNDAPURAM. BY PUBLIC PROSECUTOR SRI. K.S. SIVAKUMAR SRI.M.A.SHIHAB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 09/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. -------------------------------- Crl.M.C.No 98 of 2008 ------------------------------------- Dated this the 9th day of January, 2008 O R D E R The petitioners who are accused Nos. 1,3,4, & 5 in C.C.No. 2496 of 2005 on the file of Addl. Chief Judl. Magistrate Court, Ernakulam for an offence punishable under Section 498A IPC. 2. In light of the subsequent settlement of the dispute between the marital partners, the petitioners have 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 petitioners 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. 2496/2005 pending before the Addl. chief Judicial Magistrate Court, Ernakulam shall stand quashed. (V.RAMKUMAR, JUDGE) ani