INDIRA Vs. VENUGOPAL

JUDGEMENT

(1.) PETITIONERS are the de facto complainant and Charge witnesses No. 1 and 2 in C. C. No. 156 of 2007 which is now pending as L. P. No. 53/2004. on the file of the J. F. C. M, Payyoli for offences punishable under Sec. 498a and 294 (b) I. P. C.

(2.) IN the light of the subsequent settlement of the dispute between the marital parties, the petitioner has 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 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 premature termination of the prosecution. Accordingly, this Criminal Miscellaneous Case is allowed and l. P. No. 53 of 2004 in C. C. No. 156 of 2007 pending before the judicial First Class Magistrate Court, Payyoli, shall stand quashed.