IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 13TH AUGUST 2010 / 22ND SRAVANA 1932 Crl.MC.No. 3279 of 2010() -------------------------------------- CC.NO.750/2005 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, TIRUR .. (CR.NO.408/2005 OF TIRUR POLICE STATION) PETITIONER(S): ACCUSED: ---------------------------------------- 1. MAJEED, S/O.MOHAMMED, NAKKIYAMKAVU HOUSE, THRIPRANGODU AMSOM, VETTOM PALLIPRAM DESOM, CHAMRAVATTOM P.O., MALAPPURAM. 2. MOHAMMED, NAKKIYAMKAVU HOUSE, THRIPRANGODU AMSOM, VETTOM PALLIPRAM DESOM, CHAMRAVATTOM PO, MALAPPURAM. 3. IYYATHUTTI, NAKKIYAMKAVU HOUSE, THRIPRANGODU AMSOM, VETTOMPALLIPRAM DESOM, CHAMRAVATTOM PO, MALAPPURAM. BY ADVS. SRI.C.V.MANUVILSAN, SMT. VIDYA MANUVILSAN. RESPONDENT(S): COMPLAINANT: ----------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SI OF POLICE STATION THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SAJILA, AGED 26 YEARS, D/O. ALI, PRESENTLY RESIDING AT VALKANDI HOUSE, P.O. MANGALAM, TIRUR, MALAPPURAM, PIN - 676 561. R1 BY PUBLIC PROSECUTOR SRI. C.S. HRITWIK R2 BY ADV. SRI.P.G.SURESH. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 13/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss V. RAMKUMAR, J. = = = = = = = = = = = = = = = = = = Crl.M.C.No.3279 of 2010 = = = = = = = = = = = = = = = = == Dated: 13.08.2010 ORDER Petitioners, who are the accused in C.C. No.750/2005 on the file of the J.F.C.M, Tirur for an offence punishable under Sec. 498A I.P.C, seek to quash the proceedings against them on the ground that the marital partners have subsequently settled their disputes. 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. C.C.No.750/2005 pending before the Judicial First Class Magistrate Court, Tirur, shall stand quashed. V. RAMKUMAR, (JUDGE). sj