IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 29TH FEBRUARY 2008 / 10TH PHALGUNA 1929 Crl.MC.No. 889 of 2008 ------------------------ PETITIONER: DEFACTO COMPLAINANT ------------------------------- SUBI JAMES, D/O.E.J.JAMES, ELAPPARA PUTHUPPADI AMSOM DESOM. BY ADV. SRI.CIBI THOMAS RESPONDENTS: ACCUSED 1 TO 5/STATE --------------------------------- 1. JEESMON, S/O.A.J.MATHEW, ERATHEL HOUSE JESUS BHAVAN, CHEVAYUR, MARIKUNNU P.O. KOZHIKODE. 2. A.J.MATHEW, RESIDING -DO- 3. ROSAMMA, RESIDING -DO- 4. SHYNI, RESIDING -DO- 5. BENCY, W/O.RANJITH, VADAYATTIL HOUSE CHEVARAMBALAM PO, KOZHIKODE. 6. STATE REP: BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR. PUZHAKKARA MUHAMMED THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 29/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. = = = = = = = = = = = Crl.M.C.No. 889 of 2008 = = = = = = = = = = = = = = Dated this the 29 th day of February, 2008 O R D E R The petitioner is the de facto complainant. Respondents 1 to 5 are the accused in C.C.No.85/2007 on the file of the Judicial Flirt Class Magistrate Court-I, Kozhikode for an offence punishable under Section 498A IPC. 2. 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. 85/2007 pending before the Judicial First Class Magistrate Court-I, Kozhikode shall stand quashed. (V.RAMKUMAR, JUDGE) ks Crl.M.C.No./07 2 Crl.M.C.No./07 3 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007