IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 19TH AUGUST 2010 / 28TH SRAVANA 1932 Crl.MC.No. 3507 of 2010() ---------------------------------------- CRIME NO.1253/2009 OF KASBA POLICE STATION, KOCHI PETITIONER(S): ACCUSED 1 TO 4 -------------------------------------------------------- 1. SANOBHAN (31) S/O.MUKUNDAN, THOPPU PARAMBIL HOUSE, VATTATHARA LANE, PALLURUTHY VELI, KOCHI -6. 2. MUKUNDAN (58) THOPPU PARAMBIL HOUSE, VATTATHARA LANE, PALLURUTHY VELI, KOCHI-6. 3. USHA (55) THOPPU PARAMBIL HOSUE, VATTATHARA LANE, PALLURUTHY VELI, KOCHI - 6. 4. SALVA (29) -DO- BY ADV. SRI.SUBAL J.PAUL SMT.SHEEBA SUBAL SMT.T.ANNAMMA SMT.C.M.NATTASHA RESPONDENT(S): -------------------------- 1. JISHA, AGED 25 YEARS,(RESPONDENT NO.1, DEFACTO COMPLAINANT) D/O.KARUNAN, THIRUMALACHALIL, PANDAPALLY, MUVATTUPUZHA. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. SRI.AJEESH S.BRITE FOR R2 PUBLIC PROSECUTOR SRI.C.S.HRITHWIK THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 19/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = = = = = = Crl.M.C.No.3507 of 2010 = = = = = = = = = = = = = = = = == Dated: 19.08.2010 ORDER Petitioners, who are the accused in Crime No.1253/2009 of Kasba Police Station, Kochi 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. Crime No.1253/2009 of Kasba Police Station, Kochi shall stand quashed. V. RAMKUMAR, (JUDGE). sj