IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 11TH AUGUST 2010 / 20TH SRAVANA 1932 Crl.MC.No. 3129 of 2010() ------------------------- CC.498/2009 of JUDL.MAGISTRATE OF FIRST CLASS-I, MUVATTUPUZHA .................... (CRIME NO.1388/2009 OF MUVATTTUPUZHA POLICE STATION) PETITIONER(S): ACCUSED: ----------------------------------------- 1. UMESH.E.K.,AGED 27 YEARS, S/O.E.K.KESAVAN NAMBOOTHIRI, ERALIYOOR ILLAM, MEMADANGU P.O., MUVATTUPUZHA, PIN-686 672. 2. SUKUMARI ANTHARJANAM, AGED 53 YEARS, W/O.E.K.KESAVAN NAMBOOTIRI, ERALIYOOR ILLAM, MEMADANGU P.O., MUVATTTUPUZHA, PIN-686 672. BY ADV. SRI.THOMAS M.JACOB RESPONDENT(S): STATE & COMPLAINANTS: --------------------------------------------------------------------- 1. DHANYA V.E, AGED 20 YEARS, W/O.UMESH E.K., ERALIYOOR ILLAM,MEMADANGU P.O.,MUVATTUPUZHA, PIN-686 672. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA ERNAKULAM. R1 BY ADV. SRI.L.RAJESH NARAYAN R2 BY PUBLIC PROSECUTOR SRI. C.S. HRITWIK THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 11/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss V. RAMKUMAR, J. = = = = = = = = = = = = = = = = = = Crl.M.C.No.3129 of 2010 = = = = = = = = = = = = = = = = == Dated: 11.08.2010 ORDER Petitioners, who are accused Nos.1 and 2 in C.C. No.498/2009 on the file of the J.F.C.M, Muvattupuzha 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. C.C.No.498/2009 pending before the Judicial First Class Magistrate Court,Muvattupuzha shall stand quashed. V. RAMKUMAR, (JUDGE). sj