IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 15TH JANUARY 2008 / 25TH POUSHA 1929 Crl.MC.No. 186 of 2008() ------------------------ CC.16/2007 of JUDL.MAGISTRATE OF FIRST CLASS COURT, TIRUR .................... PETITIONER/ACCUSED: -------------------------- 1. ANILKUMAR. V., AGED 33 YEARS, S/O. VELUKUTTY, VALERY HOUSE, P.O. VALANCHERRY, MALAPPURAM DISTRICT. 2. VELUKUTTY, AGED 62 YEARS, S/O. VELAYUDHAN, -DO- -DO- 3. KUNJAMMA, AGED 58 YEARS, W/O. VELAYUDHAN, -DO -DO- 4. SIVAKUMAR, AGED 35 YEARS, S/O. VELAYUDHAN, -DO- -DO- BY ADV. SRI.K.P.MUJEEB RESPONDENTS: ----------------- 1. SMIJA, 22 YEARS, D/O. PALLATH RAJAN, RAYYRANELLOOR AMSOM, NEDUNGOTTOOR DESOM, OTTAPALAM TALUK, PALAKKAD DISTRICT. 2. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY ADV. SRI.S.MOHAMMED AL RAFI SRI. K.S. SIVAKUMAR, PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 15/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. = = = = = = = = = = = Crl.M.C.No 186 of 2008 = = = = = = = = = = = = = = Dated this the 15th day of January, 2008 O R D E R The petitioners who are the husband, father-in-law, mother- in-law and brother-in-law of the de facto complainant, are the accused in C.C.No.16 of 2007 on the file of J.F.C.M, Tirur for an offence punishable under Section 498A IPC. 2. In light of the subsequent settlement of the dispute between the marital partners, the petitioners have approached this Court for quashing the said proceedings by invoking the powers under Section 482 Cr.P.C. The learned counsel appearing for the 1st respondent/wife also submitted that the matrimonial dispute between the marital partners have been subsequently settled. 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 498A I.P.C is not compoundable, in the light of the decision of the Apex Court in B.S.Joshi vs. 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 and C.C.No.16 of 2007 pending before the Judicial First Class Magistrate Court, Tirur shall stand quashed. (V.RAMKUMAR, JUDGE) rv Crl.M.C.No./07 2 Crl.M.C.No./07 3 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007