IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 2ND JUNE 2010 / 12TH JYAISTHA 1932 Crl.MC.No. 1089 of 2010() ------------------------- AGAINST THE ORDER IN CC 796/2006 IN LP.81/2010 of JUDL.MAGISTRATE OF FIRST CLASS COURT, TIRUR .................... PETITIONER(S): --------------- 1. MOHAMMED THAYIB ALIAS AYOOB,ATHALOOR, NEDATT,KUTTIPURAM,MALAPPURAM DISTRICT. 2. MANGATTAYIL RAJEENA ALIAS ZEENATH, D/O.ABUBACKER, 32 YEARS,ARIKKANCHIRA, KANJIRAKUTTY, PO PARAVANNA, PACHATTIRI AMSOM, DESOM, TIRUR, MALAPPURAM DISTRICT. BY ADV. SRI.K.M.FIROZ RESPONDENT(S): --------------- THE STATE OF KERALA, REPRESENTED BY THE STATION HOUSE OFFICER, KUTTIPURAM POLICE STATION, MALAPPURAM, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR MR.C.S.HRITHIK THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 02/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = Crl.M.C.No.1089 of 2010 = = = = = = = = = == Dated: 2nd day of June 2010 ORDER Petitioners, who are the accused and de facto complainant in L.P.No.81/2010 in C.C. No.796/2006 on the file of the J.F.C.M. Court, Tirur for an offence punishable under Sec. 498A I.P.C. 2. In the light of the subsequent settlement of the dispute between the marital parties, 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 parties, 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 premature termination of the prosecution. Crl.M.C.No.1089 of 2010 2 Accordingly, this Criminal Miscellaneous Case is allowed. L.P.No.81/2010 in C.C.No.796/2006 pending before the Judicial First Class Magistrate Court, Tirur shall stand quashed. V. RAMKUMAR, (JUDGE). dmb