IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 2ND JUNE 2010 / 12TH JYAISTHA 1932 Crl.MC.No. 1209 of 2010() ------------------------- CC.58/2010 of JUDL.MAGISTRATE OF FIRST CLASS-I, THAMARASSERY .................... PETITIONER(S): 1ST ACCUSED -------------------------- MOHAMMED SUHAS, S/O. MOHAMMEDKUTTY, AGED 26 YEARS, KACHERIYIL HOUSE, ELETTIL P.O., KOZHIKODE DISTRICT. BY ADV. SRI.VINOD SINGH CHERIYAN SRI.R.SUDHISH SMT.M.MANJU RESPONDENT(S): STATE & DEFACTO COMPLAINANT ------------------------------------------ 1. STATE OF KERALA, REPRESENTING S.I. OF POLICE, KODUVALLY POLICE STATION, KOZHIKODE, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUMEENA, D/O. KOYOTTI, AGED 23 YEARS, KUNDUKULATHIL HOUSE, KOTTASSERY THAZHAM, P.O.KUTTIKATTOOR, KOZHIKODE. ADV. SRI.K.R.RANJITH FOR R2 PUBLIC PROSECUTOR MR.C.S.HRITHIK THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 02/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = Crl.M.C.No.1209 OF 2010 = = = = = = = = = == Dated: 2nd day of June 2010 ORDER Petitioner, who is the first accused in C.C. No.58/2010 on the file of the J.F.C.M. Court-I, Thamarassery 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.1209 OF 2010 2 Accordingly, this Criminal Miscellaneous Case is allowed. C.C.No.58/2010 pending before the Judicial First Class Magistrate Court, Thamarassery shall stand quashed. V. RAMKUMAR, (JUDGE). dmb