IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 26TH JULY 2010 / 4TH SRAVANA 1932 Crl.MC.No. 117 of 2010() ------------------------ CC.152/2009 of JUDL.MAGISTRATE OF FIRST CLASS COURT, KOOTHUPARAMBA .................... PETITIONER(S): ACCUSED ---------------------- 1. K.K.GOPALAKRISHNAN, KANDAMTHURUTHIL HOUSE, ELANJI P.O., ERNAKULAM. 2. K.G.SYAM, RESIDING AT DO. DO. 3. SAJU K.K., RESIDING AT KANDAMTHURUTHIL, ELANJI POST, ALAPURAM. 4. K.K.SOMAN, RESIDING OF DO. 5. A.S.UNNIKRISHNAN, RESIDING AT AMBADI, POREDAM POST, THERUVINBHAGOM, CHADAYAMANGALAM, KOLLAM. BY ADV. SRI.T.M.RAMAN KARTHA SMT.MANJU R.KARTHA RESPONDENT(S): STATE, DEFACTO COMPLAINANT ----------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. K.N.GOPALAN, KUMARAKODU PUTHENPURAYIL, VELLARVALLY, MAVADI, PERAVOOR, KANNUR. 3. ARUN K.GOPAL, RESIDING AT DO. 4. K.G.SOUMYA, KANDAMTHURUTHIL HOUSE, ELANJI P.O., ERNAKULAM. ADV. SRI.P.S.SREEDHARAN PILLAI FOR R3 SMT.C.G.PREETHA FOR R3 SMT.P.RANI DIOTHIMA FOR R3 SRI.T.K.SANDEEP FOR R3 SRI.ARJUN SREEDHAR FOR R3 SRI.ARUN KRISHNA DHAN FOR R3 PUBLIC PROSECUTOR MR.C.S.HRITHWIK THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 26/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = Crl.M.C.No. 117 of 2010 = = = = = = = = = = == Dated:26th day of July, 2010 ORDER Petitioners, who are the accused Nos.1 to 5 in C.C. No.152/2009 on the file of the J.F.C.M. Court, Koothuparamba, 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. This is an off shoot of the dispute between the marital partners. 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. Even though 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. Crl.M.C.No. 117 of 2010 2 Accordingly, this Criminal Miscellaneous Case is allowed. C.C.No.152/2009 pending before the Judicial First Class Magistrate Court, Koothuparamba shall stand quashed. Sd/- V. RAMKUMAR, (JUDGE). Dmb The words and figure “under Sec. on 498A I.P.C” occurring in line 3 of the first paragraph of the order dated 26.7.2010 in Crl.M.C 117/2010 are corrected and substituted as “under Sections 143, 147, 448, 323, 354 r/w Section 149 IPC” as per order dated 10.8.2010 in Crl.M.A 4866/2010 in Crl.MC 117/2010. Sd/- Registrar (Judicial)