IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 19TH NOVEMBER 2010 / 28TH KARTHIKA 1932 Crl.MC.No. 4589 of 2010() --------------------------------------- CC.NO.304/2005 OF JUDICIAL FIRST CLASS MAGISTRATE COURT V, KOZHIKODE. ...... (CRIME NO.88/2005 OF FEROKE POLICE STATION) PETITIONER(S): ACCUSED: ------------------------------------------ 1. JAYADEVAN, S/O.SEKHARAN, MALAYAMPARAMBATH HOUSE, ARIYALLOOR P.O., VALLIKKUNNU VIA, MALAPPURAM DISTRICT - 676 312. 2. PENNOOTTY @ PADMINI, W/O. SEKHARAN, ..DO..DO.... 3. SAJEEV, S/O.SEKHARAN, ..DO..DO... BY ADV. SRI.SANTHEEP ANKARATH RESPONDENT(S): STATE & COMPLAINANT: ----------------------------------------------------------------- 1. THE STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING SUB INSPECTOR OF POLICE, FEORKE POLICE STATION, FEROKE - 673 631, KOZHIKODE DISTRICT. 2. P.C.SHEENA, D/O.CHANDRA MOHAN.P., VAISAKHAM, VAIDHYARANGADI P.O., 673 633, RAMANATTUKARA (VIA), KOZHIKODE. R1 BY PUBLIC PROSECUTOR SRI. P.A. SALIM R2 BY ADV. SRI.RAJESH NAMBIAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 19/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss V. RAMKUMAR, J. = = = = = = = = = = Crl.M.C.No. 4589 OF 2010 = = = = = = = = = = = = = == Dated: 19th day of November, 2010 ORDER Petitioners, who are the accused in C.C. No.304/2005 on the file of the J.F.C.M. Court-V, Kozhikode 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.304/2005 pending before the Judicial First Class Magistrate Court-V, Kozhikode shall stand quashed. V. RAMKUMAR, (JUDGE). dmb