IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 18TH MAY 2010 / 28TH VAISAKHA 1932 Crl.MC.No. 1699 of 2010() -------------------------------------- CC.1183/2006 of JUDL.MAGISTRATE OF FIRST CLASS-I, HOSDRUG .................... PETITIONER(S): ACCUSED ---------------------- T.C.RAFEEQ, AGED 35 YEARS, S/O. MUHAMMED HANEEFA, THAYAL HOUSE, MAVILA KADAPPURAM, PADENNA VILLAGE, KASARGODE DISRICT. BY ADV. SRI.JAWAHAR JOSE RESPONDENT(S): DEFACTO - COMPLAINANT & STATE --------------------------- 1. M.T.P.RAHMATH, AGED 22 YEARS, D/O.M.T.P.KHADEEJA, RESIDING AT POOCHOL, NORTH THRIKARIPUR VILLAGE, KASARGODE DISTRICT 2. THE STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 BY ADV. SMT.CISSY MATHEWS R2 BY PUBLIC PROSECUTOR MR.KAMMAPPU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss V. RAMKUMAR, J. = = = = = = = = = = = = = = = = = = Crl.M.C.No.1699 of 2010 = = = = = = = = = = = = = = = = == Dated: 18th day of May 2010 ORDER The Petitioner is the accused in C.C. No.200/2009 on the file of the J.F.C.M., Hosdurg 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 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 parties, continuance of the criminal prosecution against the petitioner 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.1699 of 2010 2 Accordingly, this Criminal Miscellaneous Case No.200/2009 is allowed, pending before the Judicial First Class Magistrate Court, Hosdurg shall stand quashed. V. RAMKUMAR, (JUDGE). dmb