IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 29TH JANUARY 2008 / 9TH MAGHA 1929 Crl.MC.No. 304 of 2008() ------------------------ CC.871/2006 of JUDL. MAGISTRATE OF FIRST CLASS COURT-I, ATTINGAL .................... PETITIONER: ACCUSED: 1. THAJUDHEEN, S/O. KASIM KUNJU, AGED 33 YEARS, SHAMEENA MANZIL, THAMARASSERY, VELLALLOOR VILLAGE, THIRUVANANTHAPURAM DISTRICT. 2. ASUMA BEEVI, W/O. KASIM KUNJU, AGED 65 YEARS, SHAMEENA MANZIL, THAMARASSERY, VELLALLOOR VILLAGE, THIRUVANANTHAPURAM DISTRICT. 3. ABBAS, AGED 50 YEARS, AZEENA MANZIL, THAMARASSERY,VELLALLOOR VILLAGE, THIRUVANANTHAPURAM DISTRICT. 4. IMAM BEX, S/O. KASIM KUNJU, SHAMEENA MANZIL, THAMARASSERY,VELLALLOOR VILLAGE, THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI. K.SIJU RESPONDENTS: COMPLAINANT & STATE: 1. SHAJEENA, D/O. ABIDA BEEVI, SHAJEENA MANZIL, PANGODU P.O., PANGODU VILLAGE, THIRUVANANTHAPURAM DISTRICT. 2. STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, PANGODE POLICE STATION (PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM). BY ADV. SRI.B.SUGATHAN PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 29/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. = = = = = = = = = = = Crl.M.C.No.304 of 2008 = = = = = = = = = = = = = = Dated this the 29th day of January, 2008 O R D E R The petitioners are the accused in C.C.No.871 of 2006 on the file of J.F.C.M-I, Attingal, for offences punishable, inter alia, under Section 498A read with 34 IPC. 2. In light of the subsequent settlement of the dispute between the marital partners, the petitioners have approached this Court for quashing the said proceedings 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. Even though the offence under Section 498A I.P.C is not compoundable, in the light of the decision of the Apex Court in B.S.Joshi vs. 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 and C.C.No.871 of 2006 pending before the Judicial First Class Magistrate Court, Attingal shall stand quashed. (V.RAMKUMAR, JUDGE) sj Crl.M.C.No./07 2 Crl.M.C.No./07 3