IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 15TH JUNE 2010 / 25TH JYAISTHA 1932 Crl.MC.No. 2099 of 2010() ------------------------- CC.220/2010 of JUDL. MAGISTRATE OF FIRST CLASS COURT-I, PONNANI .................... PETITIONER(S): ------------------------ ABOOBACKAR, S/O.MOITHU, KOTTAPURATH HOUSE, NEAR AMLP SCHOOL, BIYYAM, PUZHAMBARAM, PONNANI. BY ADV. SRI.S.MOHAMMED AL RAFI RESPONDENT(S): ------------------------- 1. RUKHIYA, D/O.ABOOBACKAR, UTHANGANAKAM ENNA KARUPPAM VEEDU J.M.ROAD, PONNANI. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR , HIGH COURT OF KERALA, ERNAKULAM. ADV. SRI.AJITH KRISHNAN FOR R1 PUBLIC PROSECUTOR SRI.C.S.HRITHWICK THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 15/06/2010 , THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = = = = = = Crl.M.C.No.2099 of 2010 = = = = = = = = = = = = = = = = == Dated: 15.06.2010 ORDER Petitioner, who is the sole accused in C.C. No.220/2010 on the file of the J.F.C.M, Ponnani 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.220/2010 pending before the Judicial First Class Magistrate Court, Ponnani shall stand quashed. V. RAMKUMAR, (JUDGE). sj