IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 17TH JANUARY 2008 / 27TH POUSHA 1929 Crl.MC.No. 194 of 2008() CC.987/2005 of JUDL. MAGISTRATE OF FIRST CLASS-I, KOCHI .................... PETITIONER: ACCUSED 1. KABEER, S/O. IBRAHIM, KAKKAT VEETIL, PAZHANGAD KARA, EDAVANAKKAD VILLAGE, ERNAKULAM DISTRICT. 2. SALEEM, S/O. IBRAHIM, KAKKAT VEETTIL, PAZHANGAD KARA, EDAVANAKKAD VILLAGE, ERNAKULAM DISTRICT. 3. SAJITHA, W/O. SALEEM, KAKKAT VEETTIL, PAZHANGAD KARA, EDAVANAKKAD VILLAGE, ERNAKULAM DISTRICT. 4. IBRAHIM, KAKKAT VEETTIL, PAZHANGAD KARA, EDAVANAKKAD VILLAGE, ERNAKULAM DISTRICT. 5. SUBAIDA, W/O. IBRAHIM, KAKKAT VEETTIL, PAZHANGAD KARA, EDAVANAKKAD VILLAGE, ERNAKULAM DISTRICT. BY ADV. SRI.K.A.JALEEL SRI.N.K.POULOSEKUTTY RESPONDENTS: STATE & COMPLAINANT 1. STATE OF KERALA, (REP. BY THE SUB INSPECTOR OF POLICE, MARAKKAL POLICE STATION - CRIME NO.410/04 OF NARAKKAL POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SHEMI, D/O. HAMZA, MATHILAKATH VEETTIL, KOPRAKALAM DESOM, CHENTHRAPINNI VILLAGE, KODUNGALLUR TALUK, THRISSUR DISTRICT. BY ADV. SRI.P.M.A.JALEEL SRI.RAFEEK. V.K. SRI. K.S. SIVAKUMAR, PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 17/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. = = = = = = = = = = = Crl.M.C.No 194 of 2008 = = = = = = = = = = = = = = Dated this the 17th day of January, 2008 O R D E R The petitioners who are the husband, father-in-law, mother- in-law, brother-in-law and sister-in-law of the de facto complainant, are the accused in C.C.No. 987 of 2005 on the file of J.F.C.M-I, Kochi 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. The learned counsel for the 2nd respondent/wife also submitted that the matrimonial dispute between the parties have been settled. 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 C.C.No. 987/2005 pending before the Judicial First Class Magistrate Court-I, Kochi shall stand quashed. (V.RAMKUMAR, JUDGE) rv Crl.M.C.No./07 2 Crl.M.C.No./07 3 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007