IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 25TH MAY 2010 / 4TH JYAISHTA 1932 Crl.MC.No. 1785 of 2010() ----------------------------------- CC.2334/2008 of JUDL.MAGISTRATE OF FIRST CLASS-I, ALUVA .................... PETITIONER(S): ACCUSED ---------------------- NAMALUDHEEN,AGED 34 YEARS, S/O.ABDUL REHIMAN,NADUTHODIYIL VEETTIL, MUTTAYUR DESOM,CHERUKAD VILLAGE,ERANAD TALUK, MALAPPURAM DISTRICT. BY ADV. SRI.R.KRISHNAKUMAR (CHERTHALA) RESPONDENT(S): STATE,COMPLAINANT AND INJURED -------------------------- 1. STATE OF KERALA,REP.BY SUB INSPECTOR OF POLICE,ALUVA POLICE STATION(CRIME NO.213/2007) REP.BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM. 2. HIRUNISSA,AGED 25 YEARS,D/O.NABEESA, NOW RESIDING AT C/O.KUMARAN,CONTRACTOR, KANIYAMKUNNU KARA,KODUNGALLOOR VILLAGE,ALUVA, ERNAKULAM DISTRICT. 3. NABEESA,AGED 52 YEARS,W/O.ABDULLA, NOW RESIDING AT C/O.KUMARAN,CONTRACTOR, KANIYAMKUNNU KARA,KODUNGALLOOR VILLAGE,ALUVA, ERNAKULAM. R1 BY PUBLIC PROSECUTOR MR.C.S.HRITHWIK R2 & R3 BY ADV. SRI.P.A.IBRAHIM THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 25/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss V. RAMKUMAR, J. = = = = = = = = = = Crl.M.C.No.1785 of 2010 = = = = = = = = = == Dated: 25th day of May 2010 ORDER Petitioner, who is the accused in C.C. No.2334/2008 on the file of the J.F.C.M. Court-I, Aluva 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.1785 of 2010 2 Accordingly, this Criminal Miscellaneous Case is allowed. C.C.No.2334/2008 pending before the Judicial First Class Magistrate Court-I, Aluva shall stand quashed. V. RAMKUMAR, (JUDGE). dmb