PUSHPALATHA Vs. STATE OF KERALA

JUDGEMENT

(1.) PETITIONERS who are the de facto complainant and accused in c. C. No. 122 of 2005 on the file of the Chief Judicial Magistrate, kozhikode, for an offence punishable under Section 498 A I. P. C. seek to quash all further proceedings in the above crime.

(2.) IN the light of the subsequent settlement of the dispute between the marital parties, 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 parties, continuance of the criminal prosecution between the parties 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 C. C. No. 122 of 2005 pending before the Chief Judicial magistrate , Kozhikode, shall stand quashed.