IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 8TH JULY 2010 / 17TH ASHADHA 1932 Crl.MC.No. 2563 of 2010() ------------------------- CRIME NO. 41 OF 2010 OF KUNNAMANGALAM POLICE STATION PETITIONER(S): DEFACTO COMPLAINANT AND ACCUSED ---------------------------------------------- 1. RASEENA, D/O.ABU, AGED 27 YEARS, MORATTAMMAL HOUSE, KUNDAMANGALAM AMSOM, 11TH MILE, KOZHIKODE DISTRICT. 2. MUHAMMED A.P., S/O.AHAMMED KOYA, AGED 37 YEARS, AMBALAPARAMBIL, CHULAMVAYAL, KOZHIKODE DISTRICT. 3. AHAMMED KOYA, AMBALAPARAMBIL, CHULAMVAYAL, KOZHIKODE DISTRICT. BY ADV. SRI.K.M.FIROZ SMT.M.SHAJNA RESPONDENT(S): STATE -------------------- THE STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, KUNNAMANGALAM POLICE STATION REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI. C.S. HRITHICK THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 08/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ............................................. Crl.M.C.No. 2563 of 2010 .............................................. Dated: 8th day of July, 2010 ORDER Petitioners, who are the de facto complainant and accused in Crime No. 41 of 2010 of Kunnamangalam Police Station for offences punishable under Sections 498 A, 406, 506 (ii) and 324 read with Sec. 34 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. Annexure A1 F.I.R. pending before the Judicial First Class Magistrate Court, Kunnamangalam, shall stand quashed. V. RAMKUMAR, (JUDGE). sj