IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 20TH AUGUST 2010 / 29TH SRAVANA 1932 Crl.MC.No. 3521 of 2010() ------------------------- CC.187/2010 of CHIEF JUDICIAL MAGISTRATE, ALAPPUZHA .................... PETITIONER(S): ACCUSED: ---------------------------------- 1. ABHILASH ALEXANDSER MIRANDA, AGED 30 YEARS, S/O.ALEXANDER MIRANDA, B-19, SREERANGAM LANE, SASTHAMANGALAM, THIRUVANANTHAPURAM. 2. ALEXANDER MIRANDA, AGED 60 YEARS, S/O.THOMAS, B-19, SREERAGAM LANE, SASTHAMANGALAM, THIRUVANANTHAPURAM. 3. MARY ALEXANDER, AGED 53 YEARS, W/O.ALEXANDSER MIRANDA, B-19, SREERAGAM LANE, SATHAMANGALAM, THIRUVANANTHAPURAM. BY ADV. SRI.E.RAFEEK SRI.G.PRIYADARSAN THAMPI RESPONDENT(S): ---------------------------- 1. DR.TIXY K.JOSEPH, AGED 28 YEARS, D/O.B.K.JOSEPH, KANKOOPPERMBIL, EAST HOMEO HOSPITAL, THATHAMPALLY P.O., AMBALAPPUZHA. 2. STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.C.S.HRITHWIK THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 20/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = = = = = = Crl.M.C.No.3521 of 2010 = = = = = = = = = = = = = = = = == Dated: 20.08.2010 ORDER Petitioners, who are the accused in C.C. No.187/2010 on the file of the Chief Judicial Magistrate, Alappuzha for offences punishable under Sections. 498A and 323 read with 34 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.187/2010 pending before the Chief Judicial Magistrate, Alappuzha shall stand quashed. V. RAMKUMAR, (JUDGE). sj