IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 23RD JANUARY 2008 / 3RD MAGHA 1929 Crl.MC.No. 331 of 2008(A) CRIME NO. 372/2007 of PARIPPALLY POLICE STATION PETITIONER: 1. ANIL KUMAR, S/O. GOPALAKRAREHNA PILLAI, PONNANVILA PUTHEN VEEDU, NAVAYIKULAM, VETTIYARA P.O., THIRUVANANTHAPURAM DISTRICT. 2. GOPALAKRISHNA KURUP, PONNANVILA PUTHEN VEEDU, NAVAYIKULAM, VETTIYARA P.O., THIRUVANANTHAPURAM DISTRICT. 3. SANTHAMMA, W/O. GOPALAKRAREHNA PILLAI, PONNANVILA PUTHEN VEEDU, NAVAYIKULAM, VETTIYARA P.O., THIRUVANANTHAPURAM DISTRICT. 4. SUNITHA, D/O. GOPALAKRAREHNA PILLAI, PONNANVILA PUTHEN VEEDU, NAVAYIKULAM, VETTIYARA P.O., THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.G.BHAGAVAT SINGH RESPONDENTS: 1. SIVAPRIYA G.B., D/O. BABYY AMMA, ELLUVILA VEEDU, VARINJAM, MEENADU VILLAGE, KOLLAM. 2. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM (CRIME NO. 372 of 2007 of PARIPALLY POLICE STATION) BY ADV. SRI. M.S. BREEZE, PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. = = = = = = = = = = = Crl.M.C.No 331 of 2008 = = = = = = = = = = = = = = Dated this the 23rd day of January, 2008 O R D E R The petitioners who are the husband, father-in-law, mother- in-law and sister-in-law of the de facto complainant, are the accused in Crime No. 372 of 2007 of Parippally Police Station 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 admitted that the matrimonial dispute between the marital partners have subsequently been 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 the proceedings in Crime No. 372 of 2007 of Parippally Police Station 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