THOMAS ALIAS SABU VARGHESE Vs. MINI THOMAS

JUDGEMENT

(1.) The petitioner faces indictment in a prosecution under Sec.498A of the IPC. Cognizance has been taken on the basis of a final report submitted by the police, after due investigation. The only allegation raised against the petitioner is the one punishable under Sec.498A of the IPC.

(2.) This Crl.M.C. has been filed by the petitioner - the sole accused, to request this Court to invoke its powers under Sec.482 of the Cr.P.C. to quash the prosecution initiated against him which is pending as C.C.No.879/05 before the learned Judicial Magistrate of the First Class-I, Kochi.

(3.) It is submitted that the petitioner has settled his disputes with his wife and mother-in-law, who are shown as respondents 1 and 2 in this Crl.M.C. and as C.Ws.1 and 2 in the prosecution launched against the petitioner. Inasmuch as the matrimonial dispute has been settled harmoniously, it is submitted that there is absolutely no justification in the prosecution under Sec.498A of the IPC continuing. Though the offence under Sec.498A of the IPC is not compoundable under Sec.320 of the Cr.P.C., it is prayed that invoking the dictum in B.S. Joshy v. State of Haryana (AIR 2003 SC 1386), powers under Sec.482 of the Cr.P.C. may be invoked to bring to premature termination the prosecution.