IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 26TH FEBRUARY 2008 / 7TH PHALGUNA 1929 Crl.MC.No. 834 of 2008() ------------------------ CC.1579/2007 of ADDL.CHIEF JUDICIAL MAGISTRATE, ERNAKULAM .................... PETITIONER: --------------- P.B.SUBRAMANYAN KADAVANTHRA PULIKKATHUNDIYIL HOUSE ELAMKULAM VILLAGE, ERNAKULAM. BY ADV. SRI.P.JACOB VARGHESE SRI.VIVEK VARGHESE P.J. SMT.PRAISHEEL PRAKASAM SMT.ELIZEBETH MEERA SRI.P.J.VINOD JOSEPH SRI.ARUN THOMAS RESPONDENTS: ----------------- 1. ASHADEVI, W/O. P.B.SUBRAMANYAN KADAVANTHRA PULIKKATHUNDIYIL HOUSE ELAMKULAM VILLAGE, ERNAKULAM DISTRICT. 2. SUB INSPECTOR OF POLICE PANANGADU POLICE STATION, ERNAKULAM DISTRICT REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY ADV. SRI.SUNI M.D. SRI. K.S. SIVAKUMAR, PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 26/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. =================== Crl.M.C.No. 834 of 2008 = = = = = = = = = = = = = = Dated this the 26th day of February, 2008 O R D E R The petitioner, who is the husband of the de facto complainant, is the accused in C.C.No. 1579 of 2007 on the file of Additional Chief Judicial Magistrate, Ernakulam 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 for the 1st respondent/complainant admitted that the matter has since been settled between the marital partners. 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 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.1579/2007 pending before the Additional Chief Judicial Magistrate Court, Ernakulam shall stand quashed. V.RAMKUMAR, JUDGE. rv Crl.M.C.No./07 2 Crl.M.C.No./07 3 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007