IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 16TH AUGUST 2010 / 25TH SRAVANA 1932 Crl.MC.No. 3237 of 2010() ------------------------- CC.110/2010 of JUDL. MAGISTRATE OF FIRST CLASS COURT, CHAVAKKAD .................... (CRIME NO.570/2009 OF PAVARATTY POLICE STATION) PETITIONER(S): DEFACTO COMPLAINANT: ---------------------------------------------------------------- THASNEEM MUHAMMADALI, D/O.P.M.MUHAMMADALI, PANDAPPILAKKAL HOUSE, THIRUNELLUR P.O., THRISSUR. BY ADV. SRI.P.K.ANIL RESPONDENT(S): ACCUSED/STATE: -------------------------------------------------------- 1. MUHAMMED SABIR, S/O.MUHAMMADALI, PANANGATTU HOUSE, PUDHURKKARA, AYYANTHOLE P.O., THRISSUR. 2. MUHAMMADALI, S/O.KOOLLIYATT MAMMAD, PANANGATTU HOUSE, PUDHURKKARA, AYYANTHOLE P.O., THRISSUR. 3. RAMLA MUHAMMADALI, W/O.MUHAMMADALI, PANANGATTU HOUSE, PUDHURKKARA, AYYANTHOLE P.O., THRISSUR. 4. SUB INSPECTOR OF POLICE, PAVARATTY POLICE STATION. 5. STATE REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 TO R3 BY ADV. SMT.T.J.SEEMA R4 & R5 BY PUBLIC PROSECUTOR SRI. C.S. HRITWIK THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 16/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: The C.C.No.110/10 of Judicial First Class Magistrate, Chavakkad and Crime No.570/09 of Pavaratty Police Station shown in the cause title of the final order dated 16.8.2010 in Crl.MC.3237/10 is corrected and substituted as C.C.No.111/10 of Judicial First Class Magistrate, Chavakkad and Crime No.573/09 of Paravatty Police Station as per the order dated 29.7.11 n Crl.MA.4468/11 in Crl.MC 3237/10. Kss Sd/- Assistant Registrar. V. RAMKUMAR, J. = = = = = = = = = = = = = = = = = = Crl.M.C.No.3237 of 2010 = = = = = = = = = = = = = = = = == Dated: 16.08.2010 ORDER Petitioner, who is the accused in C.C. No.110/2010 on the file of the J.F.C.M, Chavakkad for an offence punishable under Sec. 498A I.P.C, seek to quash the proceedings against him on the ground that the marital partners have subsequently settled their disputes. 2. In the light of the subsequent settlement of the dispute between the marital partners, 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 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. C.C.No.110/2010 pending before the Judicial First Class Magistrate Court, Chavakkad shall stand quashed. V. RAMKUMAR, (JUDGE). sj