IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 18TH FEBRUARY 2008 / 29TH MAGHA 1929 Crl.MC.No. 626 of 2008() ------------------------ C.M.P. NO. 578 OF 2008 OF J.F.C.M.I, MANJERI PETITIONER: ACCUSED: -------------------- 1. HAMEED, S/O.MOIDU, AGED 33 YEARS, MUZHAKUNNUMMAL HOUSE, P.O., KURUNTHODI, VATAKARA. 2. NAFEESA, W/O.MOIDU, MUZHAKUNNUMMAL HOUSE, P.O., KURUNTHODI, VATAKARA. BY ADV. SRI.PULIKKOOL ABUBACKER RESPONDENTS: COMPLAINANT/STATE: ------------------------------- 1. NISHITHA.A.K., D/O.KUNHAMMED, THOUFEEK MANZIL, PULAYANKANDITHAZHA, MANIYOOR AMSOM DESOM, VATAKARA. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM BY ADV. SRI.R.PARTHASARATHY THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. =================== Crl.M.C.No 626 of 2008 = = = = = = = = = = = = = = Dated this the 18th day of February, 2008 O R D E R The petitioners who are the husband and mother-in-law of the de facto complainant, are the accused in C.C.No. 328 of 2007 on the file of J.F.C.M, Vatakara for an offence punishable under Section 498A IPC. 2. In light of the subsequent settlement of the dispute between the marital partners, the petitioners have approached this Court for quashing the said proceedings by invoking the powers under Section 482 Cr.P.C. The learned counsel for the 1st respondent/complainant also admitted that the matrimonial dispute has since been settled between the marital partners. 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. Even though the offence under Section 498A I.P.C is not compoundable, in the light of the decision of the Apex Court in B.S.Joshi vs. 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 and C.C.No.328/2007pending before the Judicial First Class Magistrate Court, Vatakara shall stand quashed. V.RAMKUMAR, JUDGE. rv Crl.M.C.No./07 2 Crl.M.C.No./07 3 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007