IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 14TH MARCH 2008 / 24TH PHALGUNA 1929 Crl.MC.No. 1142 of 2008() ------------------------- CC.802/2007 of JUDICIAL FIRST CLASS MAGISTRATE-V, KOZHIKODE .................... PETITIONERS/ACCUSED: --------------------------- 1. M. MUJEEB, S/O. M. ABDULRAHMAN, MELETHODY HOUSE, IKKARAPPADY, MALAPPURAM DISTRICT. 2. FATHIMA, W/O. ABDULRAHMAN, MELETHODY HOUSE, IKKARAPPADY, MALAPPURAM DISTRICT. 3. M. MUSTHAFA, S/O. M. ABDULRAHMAN, MELETHODY HOUSE, IKKARAPPADY, MALAPPURAM DISTRICT. BY ADV. SRI.P.SANJAY SRI.M.MUHAMMED SHAFI RESPONDENTS/STATE & DE FACTO COMPLAINANT: --------------------------------------------------------- 1. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. P.K. RUKSAN; D/O. P.K. ABOOBACKER, PADINJAREKOTTAYIL HOUSE, P.O. MANOOR VALAVU, KOZHIKODE DISTRICT. BY ADV. SRI. K.S. SIVAKUMAR, PUBLIC PROSECUTOR SRI.JUNU JOSEPH THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 14.03.2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. =================== Crl. M.C. No 1142 of 2008 = = = = = = = = = = = = = = Dated this the 14th day of March, 2008 O R D E R The petitioners who are the husband, mother-in-law and brother-in-law of the de facto complainant, are the accused in C.C. No. 802 of 2007 on the file of J.F.C.M-V, Kozhikode for an offence punishable under Section 498A 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. The learned counsel for the 2nd respondent/complainant also admitted that the dispute has since been settled between the marital partners. 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 Crl.M.C.No.1142/2008 2 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.802/2007 pending before the Judicial First Class Magistrate Court-V, Kozhikode shall stand quashed. V.RAMKUMAR, JUDGE. rv Crl.M.C.No.1142/2008 3 Crl.M.C.No.1142/2008 4 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007