IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 10TH JUNE 2010 / 20TH JYAISTHA 1932 Crl.MC.No. 1845 of 2010() ------------------------- CC.1528/2009 (CRIME No.465 OF 2009 OF PAVARATY POLICE STATION) of JUDL. MAGISTRATE OF FIRST CLASS COURT, CHAVAKKAD .................... PETITIONERS: ACCUSED 1 TO 5: -------------------------------- 1. ABDUL GAFOOR, AGED 29 YEARS, S/O.HAMZA, MANATHPARAMBIL HOUSE, VENKITANGU VILLAGE, PADOOR DESOM, CHAVAKKAD TALUK. 2. HAMZA, AGED 60 YEARS, S/O.KUNJUMON, VALIYAKATH HOUSE, VENKITANGU VILLAGE, PADOOR DESOM, CHAVAKKAD TALUK. 3. SAINABU, AGED 55 YEARS, W/O.HAMZA, MANATHPARAMBIL HOUSE, VENKITANGU VILLAGE, PADOOR DESOM, CHAVAKKAD TALUK. 4. RINITHA, AGED 23 YEARS, W/O.ABDUL KABEER MANATHPARAMBIL HOUSE, VENKITANGU VILLAGE, PADOOR DESOM, CHAVAKKAD TALUK. 5. JUBARIYA, AGED ABOUT 45 YEARS, W/O.UMMER, MANATHPARAMBIL HOUSE, CHETTUVA, CHETTUVA P.O. BY ADV. SRI.K.A.SATHEESA BABU RESPONDENTS: STATE AND COMPLAINANT: ------------------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. S.I. OF POLICE, PAVARATTY POLICE STATION PAVARATTY, THRISSUR DISTRICT. 3. * FINSIYA, D/O.ERACHAMVEETTIL ABDUL LATHEEF, 23 YEARS OF AGE, VENKIDANGU, PADOOR DESOM CHAVAKKAD, THRISSUR DISTRICT. * (NAME OF THE 3RD RESPONDENT IS CORRECTED AS “FINSIYA” INSTEAD OF “SHINSIYA” AS PER ORDER DATED 10/6/2010 IN CRL.M.A.No.3300/10.) PUBLIC PROSECUTOR SRI.C.M.NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 10/06/2010, ALONG WITH CRMC NO. 1846 OF 2010 THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. ------------------------------------- Crl.M.C.No.1845 of 2010 -------------------------------------- Dated this the 10th day of June, 2010 ORDER Petitioners, who are accused Nos.1 to 5 in C.C. No.1528 of 2009 (Crime No.465/2009) on the file of the J.F.C.M., Chavakkad for offences punishable under Sections 406, 420, 498A, 323, 294(b) of I.P.C. read with Section 34 of I.P.C, seek to quash Annexure-I charge sheet and all further proceedings. This is an offshoot of a matrimonial dispute. 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 offences under Sections 406, 498A, 294(b) of I.P.C. read with Section 34 of I.P.C. are not compoundable, in the light of the decision of the Apex Crl.M.C.No.1845/2010 : 2 : 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. Accordingly, this Criminal Miscellaneous Case is allowed. C.C.No.1528/2009 pending before the Judicial First Class Magistrate Court, Chavakkad shall stand quashed. V.RAMKUMAR, JUDGE skj