IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 31ST MAY 2010 / 10TH JYAISTHA 1932 Crl.MC.No. 4199 of 2009() ------------------------- CRIME NO. 211 OF 2008 OF KUMBALA POLICE STATION, KASARAGOD CC.799/2008 of CHIEF JUDICIAL MAGISTRATE, KASARAGOD .................... PETITIONER(S): ACCUSED 1 TO 4 ----------------------------- 1. MR. RIFANI.P.M, AGED 32 YEARS, S/O. P.M. MOHAMMED, BISMILLA MANZIL, PERAL DEENADKA, P.O. MOGRAL, KASARAGOD TALUK AND DISTRICT. 2. NAFEESA.K, AGED 57 YEARS, D/O. P.M. MOHAMMED, BISMILLA MANZIL, PERAL DEENADKA, P.O. MOGRAL, KASARAGOD TALUK AND DISTRICT. 3. ISMAIL, AGED 36 YEARS, S/O. P.M. MOHAMMED, BISMILLA MANZIL, PERAL DEENADKA, P.O. MOGRAL, KASARAGOD TALUK AND DISTRICT. 4. SUHARABI, AGED 29 YEARS D/O.P.M. MOHAMMED, BISMILLA MANZIL, PERAL DEENADKA, P.O. MOGRAL, KASARAGOD TALUK AND DISTRICT. BY ADV. SRI.SOJAN MICHEAL -:2:- RESPONDENT(S): STATE AND DEFACTO COMPLAINT ------------------------------------------ 1. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. BUSHRA, AGED 24 YEARS, D/O. ABDUL RAHMAN, KERAMAR HOUSE, P.O. KODIAMMA KUMBALA, KASARAGOD. PUBLIC PROSECUTOR SRI.C. S. HRITHICK SRI.NISHIL.P.S. FOR R2 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 31/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ............................................ Crl.M.C.No. 4199 of 2009 ........................................... Dated: 31st day of May, 2010 ORDER Petitioners are who are accused Nos. 1 to 4 in Crime No. 211 of 2008 of Kumbala Police Station for offences punishable under Sections 498 A, 323 and 506 read with Section 34 I.P.C. seek to quash all further proceedings in C.C. No. 799 of 2008 on the file of the Chief Judicial Magistrate, Kasaragod. 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. Accordingly, this Criminal Miscellaneous Case is allowed. All further proceedings in C.C. No. 799 of 2008 pending before the Judicial First Class Magistrate Court, Kasaragod shall stand quashed. Sd/-V. RAMKUMAR, (JUDGE). ani/ /true copy/ P.S. to Judge