IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 11TH APRIL 2008 / 22ND CHAITHRA 1930 Crl.MC.No. 1650 of 2008 C.C.NO. 2378 OF 2004 OF THE J.F.C.M.I, ALUVA ------------------------- PETITIONER: ------------ RUBEENA MUHAMMED, AGED 26 YESARS D/O. MUHAMMED, CHITTETHUKUDI HOUSE, AYOORPADAM P.O. KOTHAMANGALAM. BY ADV. SRI.BABU KARUKAPADATH RESPONDENTS: ------------- 1. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. 2. P.H. SHAJAHAN, AGED 35 YEARS, S/O. HAMSA, KATTILAMPARMABIL PEEDIKAPARAMBIL,PALIPPASSERY CHENGAMANAD. 3. P.K. HAMSA, S/O. KOCHALI, AGED 61 YEARS KATTILAMPARAMBIL DO DO 4. SULAIKHA, AGED 53 YEARS W/O. HAMSA DO DO DO. BY PUBLIC PROSECUTOR MR. K.S. SIVAKUMAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 11/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. = = = = = = = = = = = Crl.M.C.No. 1650 of 2008 = = = = = = = = = = = = = = Dated this the 11th day of April, 2008 O R D E R The petitioner, who is the de facto complainant and respondents 2 to 4 are the accused in C.C.No. 2378 of 2004 on the file of J.F.C.M-I, Aluva for an offence punishable under Section 498A read with Section 34 IPC. 2. In light of the subsequent settlement of the dispute between the marital partners, the petitioner has 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 petitioner 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. 2378/2004 pending before the Judicial First Class Magistrate Court-I, Aluva shall stand quashed. (V.RAMKUMAR, JUDGE) sj Crl.M.C.No./07 2 Crl.M.C.No./07 3 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007