IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 18TH JUNE 2010 / 28TH JYAISTHA 1932 Crl.MC.No. 2196 of 2010() ------------------------- CC.1183/2009 of JUDL.MAGISTRATE OF FIRST CLASS-I, HOSDRUG .................... PETITIONER(S): ACCUSED ---------------------------------------------- P.YOONUS, S/O. MOIDEEN, AGED 35 YEARS, KOTTAPURAM NILESHWAR, P.O.KOTTAPURAM, NILESHWAR VILLAGE, HOSDURG TALUK, KASARAGOD DISTRICT. BY ADV. SRI.K.P.HARISH RESPONDENT(S): DEFACTO COMPLAINANT(CW.1) & STATE ------------------------------------------------ 1. STATE - REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SAMEERA P., AGED 27 YEARS, D/O. P.P.KUNHI KOYA TANGAL, RESIDING AT AYTEE, NORTH TRIKARIPUR VILLAGE, HOSDURG TALUK, KASARAGOD DISTRICT. ADV. SRI.N.B.PREJITH FOR R2 PUBLIC PROSECUTOR SRI.KAMMAPPU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = = = = = = Crl.M.C.No.2196 of 2010 = = = = = = = = = = = = = = = = == Dated: 18.06.2010 ORDER Petitioner, who is the sole accused in C.C. No.1183/2009 on the file of the J.F.C.M-I, Hosdurg 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.1183/2009 pending before the Judicial First Class Magistrate Court-I, Hosdurg shall stand quashed. V. RAMKUMAR, (JUDGE). sj