IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 18TH MARCH 2008 / 28TH PHALGUNA 1929 Crl.MC.No. 1098 of 2008() ----------------------------- C.C.NO. 536/2005 of ADDITIONAL CHIEF JUDICIAL MAGISTRATE COURT, ERNAKULAM. PETITIONER: ACCUSED: -------------------------- JOSE XAVIER, S/O. XAVIER, KALLUVEETTIL, NEAR PATTUPURACKAL TEMPLE, KAKKANAD, ERNAKULAM DISTRICT. BY ADV. SMT.K.S.SAIRA SRI.A.ANILKUMAR RESPONDENTS: DEFACTO COMPLAINANT & COMPLAINANT: ----------------------------------------------------------------- 1. SUMAN PAUL, D/O. PAUL, KOLLAMPARAMBIL HOUSE, NEAR KOTHESWARAM TEMPLE ROAD CHEPPANAM, KUMBALAM VILLAGE, ERNAKULAM DISTRICT. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY ADV. SRI. M.S. BREEZE, PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. =================== Crl.M.C.No 1098 of 2008 = = = = = = = = = = = = = = Dated this the 18th day of March, 2008 O R D E R The petitioner, who is the husband of the de facto complainant, is the accused in C.C.No.536 of 2005 on the file of the Additional Chief Judicial Magistrate, Ernakualm for an offence punishable under Section 498A IPC. 2. In light of the subsequent settlement of the dispute between the marital partners, the petitioner has 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/de facto complainant also admitted that the matrimonial dispute between the marital partners have since been settled. Having regard to the resolution of the disputes between the marital partners, continuance of the criminal prosecution against the petitioner 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 Crl.M.C.No.1098/2008 2 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.536/2005 pending before the Additional Chief Judicial Magistrate Court, Ernakulam shall stand quashed. V.RAMKUMAR, JUDGE. rv Crl.M.C.No.1098/2008 3 Crl.M.C.No.1098/2008 4 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007