IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 10TH JUNE 2010 / 20TH JYAISTHA 1932 Crl.MC.No. 2005 of 2010() ------------------------- C.C.NO.1418/2009 ON THE FILE OF THE JFCM, PERUMBAVOOR PETITIONER(S): ACCUSED NO.1 TO 3/DEFACTO COMPLAINANT ---------------------------------------------------- 1. JACOB SUNNY, AGED 38, S/O.ANTONY, VALIYA PARAMBIL HOUSE, PUMALA KARA, ASAMANNUR VILLGE, ERNAKULAM DISTRICT. 2. ANTONY, AGED 59, S/O.CHAKKAPPAN, VALIYA PARAMBIL HOUSE, PUMALA KARA, ASAMANNUR VILLGE, ERNAKULAM DISTRICT. 3. LEELA ANTONY, AGED 56, W/O.ANTONY, VALIYA PARAMBIL HOUSE, PUMALA KARA, ASAMANNUR VILLGE, ERNAKULAM DISTRICT. 4. JINCY JACOB, AGED 34, W/O.JACOB, VALIYA PARAMBIL HOUSE, PUMALA KARA, ASAMANNUR VILLGE, ERNAKULAM DISTRICT. BY ADV. SRI.RAJIV NAMBISAN RESPONDENT(S): COMPLAINANT/STATE ---------------------------------------------------------------------- THE STATE OF KERALA, REPRESENTED BY SUB INSPECTOR OF POLICE, KURUPPAMPADY POLICE STATION, BY P.P. HIGH COURT OF KERALA. PUBLIC PROSECUTOR SRI.C.M.NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 10/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = = = = = = Crl.M.C.No.2005 of 2010 = = = = = = = = = = = = = = = = == Dated: 10.06.2010 ORDER Petitioners 1 to 3 are the accused in C.C. No.1418/2009 on the file of the J.F.C.M, Perumbavoor for an offence punishable under Sec. 498A 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 1 to 3 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.1418/2009 pending before the Judicial First Class Magistrate Court, Perumbavoor shall stand quashed. V. RAMKUMAR, (JUDGE). sj