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. 1792 of 2010() ------------------------- CRIME NO.226/2010 OF BEKEL POLICE STATION PETITIONER(S): ACCUSED NOS. 1 TO 4 1. MUHAMMED RAFEEQ,AGED 30 YEARS, S/O.P.A.ABDUL RAHIMAN,RESIDING AT POOCHAKKAD, PALLIKKARA VILLAGE, PO PALLIKKARA, HOSDURG TALUK, KASARAGOD DISTRICT(NOW EMPLOYED AT SHARJA, PB NO.2425, UAE). 2. P.A.ABDUL RAHIMAN,AGED 70 YEARS, S/O.MAMMUNHI,RESIDING AT POOCHAKKAD, PALLIKKARA VILLAGE, PO PALLIKKARA, HOSDURG TALUK, KASARAGOD DISTRICT 3. PATHUNHI,AGED 55 YEARS, W/O.ABDUL RAHIMAN,RESIDING AT POOCHAKKAD, PALLIKKARA VILLAGE, PO PALLIKKARA, HOSDURG TALUK, KASARAGOD DISTRICT. 4. THAHIRA,AGED 32 YEARS, D/O.ABDUL RAHIMAN,RESIDING AT POOCHAKKAD, PALLIKKARA VILLAGE, PO PALLIKKARA, HOSDURG TALUK, KASARAGOD DISTRICT. BY ADV. SRI.JAWAHAR JOSE RESPONDENT(S): DEFACTO-COMPLAINANT & STATE 1. K.ARIFA,AGED 23 YEARS D/O.K.ISMAIL,RESIDING AT HADAD NAGAR,PALLIKKARA VILLAGE, PO BEKAL, HOSDURG TALUK, KASARAGOD DISTRICT. 2. THE STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. SMT. LISSY MATHEWS PUBLIC PROSECUTOR SRI.S.U.NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 25/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = = = = = = Crl.M.C.No.1792 of 2010 = = = = = = = = = = = = = = = = == Dated: 25.05.2010 ORDER Petitioners, are accused Nos.1 to 4 in Crime No.26/2010 of Bekel Police Station for offences punishable under Sec. 498A I.P.C. 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. Accordingly, this Criminal Miscellaneous Case is allowed. All further proceedings in Crime No.226/2010 of Bekel Police Station shall stand quashed. V. RAMKUMAR, (JUDGE). sj