IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 2ND JULY 2010 / 11TH ASHADHA 1932 Crl.MC.No. 2463 of 2010() ------------------------- CC.361/2009 of JUDL. MAGISTRATE OF FIRST CLASS COURT-I, ATTINGAL .................... PETITIONER(S): ------------------------ 1. SUMESH SUGATHAN, AGED 28, S/O.SUGATHAN KRISHNAN, PERMANENTLY RESIDING AT SHIVA SANIDHYAM, CHANTHAVILA, AYIROORPARA VILLAGE, NOW RESIDING AT BHAVANI NIVAS, NEAR POWER HOUSE, KORKI, SHIGNAPUR ROAD, SATHARA VILLAGE, MAHARASHTRA. 2. SUDHA SUGATHAN, W/O.SUGATHANA KRISHNAN, DO. DO. 3. SUGATHAN, AGED 64, S/O.KRISHNAN, DO. DO. 4. SUJA SUGATHAN, D/O.SUDHA SUGATHAN, DO. DO. BY ADV. SRI.SHAJIN S.HAMEED RESPONDENT(S): STATE: ----------------------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. ASHWATHY, AGED 23, D/O.KUSHALA KUMARI, KUSHALA BHAVAN, KALLINGAL KODITHARA, KULATHOOR DESOM, ATTIPARA VILLAGE. ADV. SRI.K.K.DHEERENDRAKRISHNAN THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 02/07/2010 , THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = = = = = = Crl.M.C.No.2463 of 2010 = = = = = = = = = = = = = = = = == Dated:02.07.2010 ORDER Petitioners, who are the accused Nos.1 to 4 in C.C. No.361 of 2009 on the file of the J.F.C.M-I, Attingal for an offence punishable under Sec. 498A I.P.C read with 34 IPC, 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.361 of 2009 pending before the Judicial First Class Magistrate Court-I, Attingal, shall stand quashed. V. RAMKUMAR, (JUDGE). sj