IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 30TH APRIL 2009 / 10TH VAISAKHA 1931 Crl.MC.No. 1467 of 2009() ------------------------- AGAINST THE ORDER IN LP 6/05 IN CC.540/2004 of JUDL. MAGISTRATE OF FIRST CLASS COURT, THALASSERY .................... PETITIONER(S): ACCUSED 1 & 2. ----------------------------------------------------- 1. UBAID, S/O. USMAN, KIDARANTAVIDA VEEDU PULIYANABRETH, PERINGATHOOR, THALASSERY. 2. LATHEEF, S/O. USMAN, PULIYANABRETH, PERINGATHOOR, THALASSERY. BY ADV. SRI.LUIZ GODWIN D'COUTH RESPONDENT(S): COMPLAINANT/DEFACTE COMPLAINANT. ------------------------------------------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. BUSHARA, D/O. MOIDU, ORKKATTERI, KARUVANKANDI VEEDU, VADAKARA TALUK, THALASSERY. PUBLIC PROSECUTOR SRI.AMJED ALI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 30/04/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = = = = = = Crl.M.C.No.1467 of 2009 = = = = = = = = = = = = = = = = == Dated: 30.04.2009 ORDER Petitioners, who are the husband and brother-in-law of the de facto complainant are accused Nos.1 and 2 in C.C. No.540 of 2004 which is now pending as L.P.No.6 of 2005 on the file of the Additional Chief Judicial Magistrate, Thalassery, for offences punishable under Sections 403 and 498A read with 109 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. Accordingly, this Criminal Miscellaneous Case is allowed. C.C. No.540 of 2004 which is now pending as L.P.No.6 of 2005 on the file of the Additional Chief Judicial Magistrate, Thalassery,, shall stand quashed. V. RAMKUMAR, (JUDGE). sj