IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 9TH JUNE 2010 / 19TH JYAISTHA 1932 Crl.MC.No. 4022 of 2009() ------------------------- C.C.NO.343/2007 OF JFCM-V, KOZHIKODE PETITIONER(S): ACCUSED ------------------------------------------------ 1. NOUFAL,S/O.KUNHIMUHAMMED @ KOYA, AGED 29 YEARS,KUZHIMBADATH HOUSE,CHERUVANNUR AMSOM NALLAM DESOM,KOZHIKODE TALUK. 2. KUNHIMUHAMMED @ KOYA,S/O.BICHALI 49 YRS, KUZHIMBADATH HOUSE,CHERUVANNUR AMSOM NALLAM DESOM, KOZHIKODE TALUK. 3. K.SUBAIDA,W/O.KUNHIMUHAMMED @ KOYA 45 YEARS,KUZHIMBADATH HOUSE,CHERUVANNUR AMSOM NALLALAM DESOM,KOZHIKODE TALUK. BY ADV. SRI.NIRMAL. S RESPONDENT(S): -------------------------- 1. T.NUSAIBA,D/O.MOMMED KOYA 24 YEARS, THONDIYIL,KIZHAZKEVANNA PARAMB,P.O.NALLALAM, KOZHIKODE. 2. STATE OF KERALA,REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA. ADV. SRI.O.T.JABISH FOR R1 PUBLIC PROSECUTOR SRI.S.U.NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 09/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = = = = = = Crl.M.C.No.4022 of 2009 = = = = = = = = = = = = = = = = == Dated: 09.06.2010 ORDER Petitioners, who are the husband, father-in-law and mother- in-law of the de facto complainant are the accused in C.C. No.343/2007 on the file of the J.F.C.M.-V, Kozhikode for an offence punishable under Sec. 498A I.P.C. 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. C.C.No.343/2007 pending before the Judicial First Class Magistrate Court-V, Kozhikode, shall stand quashed. V. RAMKUMAR, (JUDGE). sj