IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 1ST JANUARY 2008 / 11TH POUSHA 1929 Crl.MC.No. 3814 of 2007() ------------------------- C.C. NO. 1459 OF 2006 0F THE J.F.C.M. PERUMBAVOOR PETITIONER: ACCUSED ------------------- MANSOOR, AGED 45 YEARS, S/O. THOPPIL PARRED, THOPPIL HOUSE, NORTH PARAVOOR, ERNAKULAM, KERALA, REP. BY POWER OF ATTORNEY HOLDER, SHAHIDA SHAJAHAN. BY ADV. SRI.P.FAZIL SMT.JAYASREE MANOJ SRI.SREEJITH V.S. RESPONDENTS: STATE AND COMPLAINANT ---------------------------------- 1. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. RAHMATHUNISSA, AGED 40, W/O.T.P.MANSOOR, MALIYA VEEDU, VENGOLA VILLAGE. BY ADV. SRI.SIMON LUIZ PUBLIC PROSECUTOR SRI.K.S. SIVAKUMAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * Crl.M.C. No. 3814 of 2007 * * * * * * * * * * * * * * * * * * Dated: 01-01-2008 ORDER Petitioner who is the husband of the 2nd respondent is the accused in C.C. No. 1459 of 2006 on the file of the J.F.C.M., Perumbavoor for an offence punishable under Section 498 A IPC. 2. In the 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 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 and C.C. No. 1459 of 2006 pending before the Judicial First Class Magistrate Court, Perumbavoor shall stand quashed. V. RAMKUMAR, (JUDGE) ani ani.