IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 26TH JULY 2010 / 4TH SRAVANA 1932 Crl.MC.No. 2801 of 2010() ------------------------- CC.829/2010 of JUDL.MAGISTRATE OF FIRST CLASS-I, ERNAKULAM .................... PETITIONER(S): ACCUSED NO.1 TO 3 -------------------------------- 1. ARUN K.GOPAL, S/O.K.N.GOPALAN, AGED 30 YEARS, KUMARAKOTTU PUTHEN PURAYIL HOUSE, THONDIYIL POST, KANNUR DISTRICT. 2. K.N.GOPALAN, KUMARAKOTTU PUTHEN PURAYIL HOUSE, THONDIYIL POST, KANNUR DISTRICT. 3. THANKAMMA, KUMARAKOTTU PUTHEN PURAYIL HOUSE, THONDIYIL POST, KANNUR DISTRICT. BY ADV. SRI.P.S.SREEDHARAN PILLAI SMT.C.G.PREETHA RESPONDENT(S): COMPLAINANT/STATE -------------------------------- 1. SOUMYA.K.G., AGED 26 YEARS, D/O.K.K.GOPALAKRISHNAN, RESIDING AT KANDAMTHURUTHEL HOUSE, ELANJI POST, ELANJI VILLAGE, ERNAKULAM DISTRICT, PIN-686 665. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR MR.C.S.HRITHWIK THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 26/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = Crl.M.C.No.2801 OF 2010 = = = = = = = = = = == Dated: 26th day of July, 2010 ORDER Petitioners, who are accused Nos.1 to 3 in C.C.No. 829/2010 on the file of the J.F.C.M.Court-I, Ernakulam for offences punishable under Sections 498A and 406 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. Crl.M.C.No.2801 OF 2010 2 Accordingly, this Criminal Miscellaneous Case is allowed. C.C.No.829/2010 pending before the Judicial First Class Magistrate Court-I, Ernakulam shall stand quashed. V. RAMKUMAR, (JUDGE). dmb