IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 1949 of 2010()
1. M.J.ANTONY @ TONY, S/O.JACOB M.V.,
... Petitioner
2. JACOB M.V., AGED 65 YEARS,
3. MAGI, W/O.JACOB M.V.,
Vs
1. THE STATE OF KERALA REPRESENTED BY THE
... Respondent
2. THE S.I. OF POLICE,
3. JEENA JOSEPH, D/O.JOSEPH, AGED 29 YEARS,
For Petitioner :SRI.T.I.DANIEL
For Respondent : No Appearance
The Hon'ble MR. Justice V.RAMKUMAR
Dated :04/06/2010
O R D E R
V. RAMKUMAR, J.
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Crl.M.C.No.1949 of 2010
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Dated: 4.6.2010
ORDER
Petitioners, who are the husband, father-in-law and mother-
in-law of the de facto complainant are the accused in C.C. No.684
of 2008 on the file of the J.F.C.M-I, Kochi 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.684/2008 pending before the Judicial First Class Magistrate
Court-I, Kochi shall stand quashed.
V. RAMKUMAR,
(JUDGE).
sj