IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 26TH MAY 2010 / 5TH JYAISHTA 1932 Crl.MC.No. 1802 of 2010() ------------------------- CRIME NO.147/2010 OF MANJERI POLICE STATION PETITIONER(S): ACCUSED ----------------------------------------- 1. JAMSHEER BABU ,S/O.ABDUL MAJEED, POOZHIKUTH HOUSE, PULLUR,KARUVAMBRAM, MALAPPURAM DISTRICT. 2. AYISHA,W/O. ABDUL MAJEED, POOZHIKUTH HOUSE, PULLUR,KARUVAMBRAM, MALAPPURAM DISTRICT. 3. SAYYID SHUHALI,S/O. ABDUL MAJEED, POOZHIKUTH HOUSE, PULLUR,KARUVAMBRAM, MALAPPURAM DISTRICT. BY ADV. SRI.BABU S. NAIR SMT.M.T.SHEEBA RESPONDENT(S): STATE & DEFACTO COMPLAINANT ------------------------------------------------------------------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, MANJERI POLICE STATION-THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-31. 2. RASEENA,D/O.SAIFUDHEEN,KUZHIKKATIL HOUSE, VELLUNGAD SOUTH,PANDIKKAD, MALAPPURAM DISTRICT. ADV. SMT.VRINDA PAUL FOR R2 PUBLIC PROSECUTOR SRI.S.U.NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 26/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = = = = = = Crl.M.C.No.1802 of 2010 = = = = = = = = = = = = = = = = == Dated: 26.05.2010 ORDER Petitioners are the accused in Crime No.147/2010 of Manjeri Police Station for an offence punishable under Sec. 498A read with 34 I.P.C. 2. In the light of the subsequent settlement of the dispute between the marital partners, the 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 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. The entire proceedings in Crime No.147/2010 of Manjeri Police Station shall stand quashed. V. RAMKUMAR, (JUDGE). sj