IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 25TH MAY 2010 / 4TH JYAISHTA 1932 Crl.MC.No. 1768 of 2010() ---------------------------------- CRIME NO.179/2009 OF VARANDARAPPALLY POLICE STATION. ............. PETITIONER(S): ACCUSED ----------------------- 1. REGITH, S/O.RAVEENDRAN, THEKKEPAKUTHIYIL HOUSE, EDAYIRIKKAPUZHA DESOM, KANDAZHA VILLAGE, KOTTAYAM. 2. RAVEENDRAN.K.P, S/O.PACHU, RESIDING DO. 3. P.M.VIJAYAMMA, W/O.RAVEENDRAN, RESIDING DO. BY ADV. SRI.P.K.ANIL RESPONDENT(S): COMPLAINANT/STATE -------------------------------- 1. KALA KESAV, D/O.KESAVAN, KAILATH HOUSE, VARAKKARA DESOM, AMBALLUR VILLAGE. 2. SUB INSPECTOR OF POLICE, VARANDARAPPALLY POLICE STATION. 3. STATE, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 BY ADV. SRI.CIBI THOMAS THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 25/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss V. RAMKUMAR, J. = = = = = = = = = = Crl.M.C.No.1768 of 2010 = = = = = = = = = == Dated: 25th day of May, 2010 ORDER Petitioners, who are the accused in C.C.No.2134/2009 on the file of the J.F.C.M. Court-II, Irinjalakkuda, for an offence punishable under Section 498A I.P.C. 2. In the light of the subsequent settlement of the dispute between the marital parties, 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 parties, 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 premature termination of the prosecution. Crl.M.C.No.1768 of 2010 2 Accordingly, this Criminal Miscellaneous Case is allowed. C.C.No.2134/2009 pending before the Judicial First Class Magistrate Court-II, Irinjalakkuda shall stand quashed. V. RAMKUMAR, (JUDGE). dmb