IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 4TH AUGUST 2010 / 13TH SRAVANA 1932 Crl.MC.No. 3128 of 2010() ------------------------------------- LPC NO.158/2002 OF ADDL. CHIEF JUDICIAL MAGISTRATE COURT, THALASSERY. CRIME NO.17/2000 OF CHOKLI POLICE STATION, KANNUR. ............... PETITIONER/IST ACCUSED --------------------------------------- ABDUL NAZAR, S/O.YOUSUF, TOTTANDAVIDA VEEDU, PERINGADI PALLOOR AMSOM, DESOM, THALASSERY TALUK. BY ADV. SRI.C.P.PEETHAMBARAN RESPONDENTS/STATE & DEFACTO COMPLAINANT ----------------------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTING S.H.O., CHOKLI POLICE STATION, KANNUR, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. KUNNUMPURATH SABOORA, D/O.ABDULLA, PERINGADI PALLOOR AMSOM DESOM, THALASSERY TALUK, PO PIN-688 702. R1 BY PUBLIC PROSECUTOR MR.KAMMAPPU. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 04/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. V. RAMKUMAR, J. = = = = = = = = = = = = = = = = = = Crl.M.C.No.3128 of 2010 = = = = = = = = = = = = = = = = == Dated: 04.08.2010 ORDER Petitioner, who is the accused in L.P.C. No.158/2002 on the file of the Additional Chief Judicial Magistrate, Thalassery for offences punishable under Sections403,420 and 498A read with 34 I.P.C, seek to quash the proceedings against him 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 petitioner has 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. L.P.C. No.158/2002 pending before the Additional Chief Judicial Magistrate, Thalassery shall stand quashed. V. RAMKUMAR, (JUDGE). sj