IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 1ST JUNE 2010 / 11TH JYAISTHA 1932 Crl.MC.No. 1893 of 2010() ------------------------- CC.1058/2009 of JUDL.MAGISTRATE OF FIRST CLASS-I, HOSDURG .................... (CRIME NO.199/2009 OF CHANDERA POLICE STATION) PETITIONER(S): ACCUSED NOS. 1 & 2: --------------------------------------------------------- 1. AKBARALI @ C.AKBAR, S/O.BAVA, RESIDING AT PEKADA, KALHATH MANZIL, THRIKARIPUR VILLAGE, HOSDURG TALUK, P.O.THRIKARIPUR. 2. FATHIMA.C., AGED 56, W/O. BAVA, RESIDING AT PEKADA, KALHATH MANZIL, THRIKARIPUR VILLAGE, HOSDURG TALUK, P.O.THRIKARIPUR. BY ADV. SMT.T.SUDHAMANI RESPONDENT(S): STTE & DE-FACTO COMPLAINANT: ------------------------------------------------------------------------------- 1. THE STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SHAREEFA S.N., AGED 28, D/O.MUHAMMED KUNHI HAJI, SUHARA MANZIL, ELAMBACHI, THRIKARIPUR VILLAGE, HOSDURG TALUK, P.O.ELAMBACHI. R1 BY PUBLIC PROSECUTOR SRI. HRITHWIK R2 BY ADV. SMT.BINDU GEORGE THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss V.RAMKUMAR, J. ------------------------------------- Crl.M.C.No.1893 of 2010 -------------------------------------- Dated this the 1st day of June, 2010 ORDER Petitioners, who are the accused Nos.1 and 2 in Crime No.199/09 of Chandera Police Station for an offence punishable under Sec. 498(A) read with Section 34 I.P.C. 2. In the light of the subsequent settlement of the dispute between the marital parties, 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 parties, 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 premature termination of the prosecution. Accordingly, this Criminal Miscellaneous Case is allowed. C.C.No.1058/2009 pending before the Judicial First Class Magistrate Court-I, Hosdurg shall stand quashed. V.RAMKUMAR, JUDGE skj