IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 4TH JUNE 2010 / 14TH JYAISTHA 1932 Crl.MC.No. 1771 of 2010() -------------------------------------- (FIR NO.659/2009 OF POOYAPPALLY POLICE STATION) PETITIONER(S): ACCUSED NO.1 TO 3: -------------------------------------------------------- 1. REJI, AGED 30 YEARS, S/O.BALAKRISHNAN, REJI BHAVANAM, KARINGANOOR.P.O, KOTTARAKKARA. 2. BALAKRISHNAN, AGED 60 YEARS, REJI BHAVANAM, KARINGANOOR.P.O, KOTTARAKKARA. 3. PRASANNA KUMARY, AGED 50 YEARS, W/O.BALAKRISHNAN, REJI BHAVANAM, KARINGANOOR.P.O, KOTTARAKKARA. BY ADV. SMT.S.L.SYLAJA RESPONDENT(S): COMPLAINANT & DEFACTO - COMPLAINANT: ----------------------------------------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTING SUB INSPECTOR OF POLICE, POOYAPPALLY POLICE STATION, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. NAYANA.C.S, AGED 24 YEARS, D/O.CHANDRA BOSE, MULLACKAL HOUSE, THAZHUTHALA, KOTTIYAM.P.O, KOLLAM. R1 BY PUBLIC PROSECUTOR SRI. C.M. NAZAR R2 BY ADV. SMT.M.SINDHU THANKAM THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 04/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss V. RAMKUMAR, J. = = = = = = = = = = Crl.M.C.No.1771 of 2010 = = = = = = = = = == Dated: 4th day of June, 2010 ORDER Petitioners, who are accused Nos.1 to 3 in Crime No.659/2009 of Pooyappally Police Station for an offence punishable under Sec. 498A I.P.C, seek to quash the proceedings. 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.1771 of 2010 2 Accordingly, this Criminal Miscellaneous Case is allowed. Annexure A1 Crime No.659/2009 of Pooyappally Police Station shall stand quashed. V. RAMKUMAR, (JUDGE). dmb