IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 2ND JANUARY 2008 / 12TH POUSHA 1929 Crl.MC.No. 7 of 2008() ---------------------- C.C. NO. 259 OF 2007 ON THE FILE OF THE J.F.C.M.II, HOSDURG PETITIONER: DEFACTO COMPLAINANT & ACCUSED: ------------------------------------------ 1. RAMLA, W/O.ABDUL HAMEED, "AISHA MANZIL", PAKYARA, PALLIKERE VILLAGE, P.O.UDUMA, KASARAGOD DISTRICT. 2. ABDUL HAMEED.U., S/O.K.A.UMMER, PARAPURAM HOUSE, MELPARAMBA, KALNAD VILLAGE, KASARAGOD DISTRICT. BY ADV. SRI.K.V.SOHAN RESPONDENTS: STATE: ------------------- STATE OF KERALA, SHO, BAKEL POLICE STATION, KASARAGOD DISTRICT. (CRIME NO.85/2007) REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. BREEZE THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 02/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * Crl.M.C. No. 7 of 2008 * * * * * * * * * * * * * * * * * * Dated: 02-01-2008 ORDER The petitioners are the defacto complainant and accused in C.C.No. 259 of 2007 on the file of J.F.C.M - II, Hosdurg, Kasaragod for an offence punishable under Section 498A IPC. 2. In light of the subsequent settlement of the dispute between the marital partners, the petitioners have 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. Even though the offence under Section 498A I.P.C is not compoundable, in the light of the decision of the Apex Court in B.S.Joshi vs. 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 all proceedings in C.C.No. 259/2007 pending before the Judicial First Class Magistrate Court, Hosdurg, Kasaragod shall stand quashed. (V.RAMKUMAR, JUDGE) ani R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007 V. RAMKUMAR, (JUDGE) ani.