IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 30TH APRIL 2009 / 10TH VAISAKHA 1931 Crl.MC.No. 1470 of 2009() ------------------------- CRIME NO. 248 OF 2007 OF CHALISSERY POLICE STATION PETITIONER(S): ACCUSED ---------------------- 1. ABDUL BASHEER ALIAS BASHEER SADKHAFI, S/O. LATE KAMMU, PUNNAKKADAN HOUSE, POST KOLATHUR, MALAPPURAM DISTRICT. 2. KADEEJA, W/O. LATE KAMMU, PUNNAKKADAN HOUSE, POST KOLATHUR, MALAPPURAM DISTRICT. 3. MUHAMMED ALI ALIAS BAVA, S/O. LATE KAMMU, PUNNAKKADAN HOUSE, POST KOLATHUR, MALAPPURAM DISTRICT. 4. JASMINE, W/O. MUHAMMED ALI, PUNNAKKADAN HOUSE, POST KOLATHUR, MALAPPURAM DISTRICT. BY ADV. SRI.P.K.MOHANAN(PALAKKAD) RESPONDENT(S): STATE AND COMPLAINANT ------------------------------------ 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SHAJIMOL ALIAS SALIHA, D/O. CHEKKUTTI, KALLINGAL HOUSE, VAVANOOR VIA, KOOTANAD, PALAKKAD DISTRICT. PUBLIC PROSECUTOR SRI. AMJAD ALI ADV. SRI.K.C.KIRAN FOR R2 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 30/04/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * Crl.M.C. No. 1470 of 2009 * * * * * * * * * * * * * * * * * * Dated: 30-04-2009 ORDER Petitioners who are the husband, mother-in-law, brother- in-law and sister-in-law of the de facto complainant are the accused in Crime No. 248 of 2007 of Chalissery Police Station for an offence punishable under Sec. 498 A I.P.C. 2. In the light of the subsequent settlement of the dispute between the marital parties, 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 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 and the proceedings pending as Crime No. 248 of 2007 of Chalissery Police Station shall stand quashed. Sd/-V. RAMKUMAR, (JUDGE). ani /true copy/