IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 18TH MAY 2010 / 28TH VAISAKHA 1932 Crl.MC.No. 1679 of 2010() ------------------------- CC.779/2009 of JUDL. MAGISTRATE OF FIRST CLASS COURT- I, KODUNGALLUR .................... PETITIONER(S): PETITIONERS ------------------------------------------------- 1. RANJITH M.R, AGED 33 YEARS S/O.RAGHAVAN, MEPPARAMBIL HOUSE,NATTIKA PO, THRISSUR DISTRICT, NOW RESIDING AT MELINA MONGARU KAPPIRIGUDA DESOM, ATHAVER VILLAGE,MANGALORE-2 2. SANTHA, W/O.RAGHAVAN, MEPPARAMBIL HOUSE NATTIKA PO, THRISSUR DISTRICT,NOW RESIDING AT MELINA MONGARU, KAPPIRIGUDA DESOM, ATHAVER VILLAGE,MANGALORE-2 3. RAJANI, W/O.SASIKUMAR, KANJIRAPPARAMBIL HOUSE, NATTIKA PO THRISSUR DISTRICT,NOW RESIDING AT MELINA MONGARU, KAPPIRIGUDA DESOM, ATHAVER VILLAGE,MANGALORE-2 4. SASI, S/O.VELAYUDHAN, KANJIRAPPARAMBIL HOUSE, NATTIKA PO THRISSUR DISTRICT,NOW RESIDING AT MELINA MONGARU, KAPPIRIGUDA DESOM, ATHAVER VILLAGE,MANGALORE-2 BY ADV. SRI.M.R.DHANIL Crl.MC No.1679/2010 2 RESPONDENT(S): --------------- 1. DAYALAKSHMI, D/O.KRISHNAN, AGED 25 YEARS TUPPATHU HOUSE, PULLOOTTU VILLAGE DESOM, KODUNGALLUR TALUK, THRISSUR DISTRICT (DEFACTO COMPLAINANT) 2. SUB INSPECTOR OF POLICE KODUNGALLUR POLICE STATION, THRISSUR REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM,COCHIN 682 031. 3. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM COCHIN 682 031. ADV. SRI.A.P.VASAVAN FOR R1 PUBLIC PROSECUTOR SRI.C.S.HRITHWICK THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = = = = = = Crl.M.C.No.1679 of 2010 = = = = = = = = = = = = = = = = == Dated:18.05.2010 ORDER Petitioners, who are the husband, mother-in-law, sister-in-law and brother-in-law of the de facto complainant are the accused in C.C. No. 779/2009 on the file of the J.F.C.M-I, Kodungallur for an offence punishable under Sec. 498A I.P.C. 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. Accordingly, this Criminal Miscellaneous Case is allowed. C.C.No.779 of 2009 pending before the Judicial First Class Magistrate Court, -I, Kodungallur shall stand quashed. V. RAMKUMAR, (JUDGE). sj