IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 23RD JULY 2010 / 1ST SRAVANA 1932 Crl.MC.No. 2881 of 2010() ------------------------- CC.303/2008 of JUDL. MAGISTRATE OF FIRST CLASS COURT-I, NEYYATTINKARA .................... PETITIONERS: ACCUSED 1 & 2 ---------------------------- 1. JOHN CHRISTOPHER S/O. LAZER, IPC SHALEAM HOUSE, PINNAMOOLA KAKKAMOOLA, KALLIYOOR VILLAGE, THIRUVANANTHAPURAM. 2. JEENAMOL D/O. BABY, KPK 14/159 NARAKAMCODE KAKKAMOOLA, THIRUVANANTHAPURAM. BY ADV. SRI.G.SUDHEER RESPONDENTS: --------------- 1. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. 2. PUSHPAM D/O. RETHNA DEEPAM, IPC SHALEAM HOSUE, PINNAMOOLA, KAKKAMOOLA, KALLIYOOR VILLAGE, THIRUVANANTHAPURAM. PUBLIC PROSECUTOR SRI.C.S.HRITHIK ADV. SRI.S.K.VINOD FOR R2 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. --------------------------------- Crl.M.C.No.2881 of 2010 ---------------------------------- Dated this the 23rd day of July, 2010 ORDER The petitioners are accused Nos.1 and 2 in C.C. No.303 of 2008 on the file of the Judicial Magistrate of the First Class-I, Neyyattinkara for offences punishable under Sections 498A, 323 & 294(b) read with Section 34 I.P.C. 2. In the light of the subsequent settlement of the dispute between the marital parties, 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 parties, continuance of the criminal prosecution against the petitioners is an avoidable irritant. 3. Eventhough the offences under Sections 498 A, 323 & 294(b) read with Section 34 I.P.C. is not Crl.M.C.No.2881/2010 : 2 : 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 premature termination of the prosecution. Accordingly, this Criminal Miscellaneous Case is allowed. C.C.No.303 of 2008 pending before the Judicial First Class Magistrate Court-I, Neyyattinkara shall stand quashed. V.RAMKUMAR, JUDGE skj