IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 1ST FEBRUARY 2008 / 12TH MAGHA 1929 Crl.MC.No. 430 of 2008() ------------------------ CC.296/2007 of JUDL. MAGISTRATE OF FIRST CLASS-I, KOZHIKODE .................... PETITIONER: ACCUSED ------------------- NISSAR, S/O.ALIKOYA, SUKRIYA MANZIL, IBRAHIM PALAM, IDINGARA, KOZHIKODE. BY ADV. SRI.P.V.KUNHIKRISHNAN RESPONDENTS: COMPLAINANT ------------------------ 1. THE STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, CHEMMANGAD POLICE STATION, KOZHIKODE. 3. MUMTHAS T.P., W/O.M.M.FOUSIL, SUKRIYA MANZIL, KOZHIKODE. BY PUBLIC PROSECUTOR SRI.K.S. SIVAKUMAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * Crl.M.C. No. 430 of 2008 * * * * * * * * * * * * * * * * * * Dated: 1st February, 2008 ORDER Petitioner is the 4th accused (brother of the first accused) in C.C. No. 296 of 2007 on the file of the J.F.C.M. I, Kozhikode. 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. The learned counsel appearing for the 3rd respondent who is de facto complainant and wife of the petitioner's brother has also submitted that the matrimonial dispute between her and the first accused have since been settled. Having regard to the resolution of the disputes between the marital parties, 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 premature termination of the prosecution. Accordingly, this Criminal Miscellaneous Case is allowed. C.C. No. 296 of 2007 pending before the Judicial First Class Magistrate Court, Kozhikode shall stand quashed. V. RAMKUMAR, (JUDGE) ani V. RAMKUMAR, (JUDGE) ani.