IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 27TH JULY 2010 / 5TH SRAVANA 1932 Crl.MC.No. 2943 of 2010() ------------------------- CC.80/2010 of JUDL.MAGISTRATE OF FIRST CLASS-I,KOYILANDY .................... PETITIONER(S): ACCUSED 1 TO 4 ----------------------------- 1. MOIDEENKUTTY, S/O.MARAKKAR HAJI, EDAKANDATHIL VEEDU, VALAKKULAM POST, MALAPPURAM DISTRICT. 2. MARAKKAR HAJI, EDAKANDATHIL VEEDU, -DO- -DO- 3. FATHIMA E.K., W/O.MARAKKAR HAJI, -DO- -DO- 4. FOUSIYA E.K., D/O.MARAKKAR HAJI, -DO- -DO- BY ADV. SRI.K.P.SUDHEER SRI.SANTHEEP ANKARATH RESPONDENT(S): STATE & DEFACTO COMPLAINANT ------------------------------------------ 1. THE STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING SUB INSPECTOR OF POLICE, ELATHOOR POLICE STATION, ELATHOOR, KOZHIKODE DISTRICT. 2. JASEELA N.K., D/O.ABDULLA KOYA, KAKKATT HOUSE, PAVAYIL ROAD, THALAKOLATHOOR - 673 317, KOZHIKODE DISTRICT. PUBLIC PROSECUTOR MR.C.S.HRITHWIK THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 27/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = Crl.M.C.No.2943 OF 2010 = = = = = = = = = = == Dated: 27th day of July, 2010 ORDER Petitioners, who are accused Nos.1 to 4 in C.C.No.80/2010 on the file of the J.F.C.M. Court, Koyilandy for an offence punishable under Sec. 498A I.P.C, seek to quash the proceedings against them on the ground that the marital partners have subsequently settled their disputes. 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. Crl.M.C.No.2943 OF 2010 2 Accordingly, this Criminal Miscellaneous Case is allowed. C.C.No.80/2010 pending before the Judicial First Class Magistrate Court, Koyilandy shall stand quashed. V. RAMKUMAR, (JUDGE). dmb