GEO JOSE Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioners, who are the husband, father-in-law and mother- in-law of the de facto complainant are the accused in C.C. No.343/2007 on the file of the J.F.C.M.-V, Kozhikode 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.