IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 2ND JUNE 2010 / 12TH JYAISTHA 1932 Crl.MC.No. 1905 of 2010() ------------------------- CC.192/2010 of JUDL. MAGISTRATE OF FIRST CLASS COURT, PARAPPANANGADI .................... (CRIME NO.158/2009 OF TANUR POLICE STATION) PETITIONER(S): PETITIONER: -------------------------------------------- ABDUL HAMEED, S/O.ABDULLA MOULAVI, PALLIPPARAMBU HOUSE, VAKKAAD, THANUUR, MALAPPURAM DISTRICT. BY ADV. SRI.C.M.MOHAMMED IQUABAL RESPONDENT(S): STATE -------------------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. LABNA, D/O.ABOOBACKER, THOMMIL PUTHIYA OTTAYIL HOUSE, RAYIRIMANGALAM AMSOM DESOM, POST THANUUR, TIRUR TALUK, MALAPPURAM DISTRICT. R1 BY PUBLIC PROSECUTOR SRI. C.S. HRITHWIK R2 BY ADV. SRI.S.SHAJI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 02/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss V.RAMKUMAR, J. ------------------------------------- Crl.M.C.No.1905 of 2010 -------------------------------------- Dated this the 2nd day of June, 2010 ORDER Petitioner, who is the first accused in Crime No.158/2009 of Tanur Police Station for an offence punishable under Sections.406, 498A 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 petitioner 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. Crl.M.C.No.1905/2010 : 2 : Accordingly, this Criminal Miscellaneous Case is allowed. C.C.No.192/2010 pending before the Judicial First Class Magistrate Court-I, Parappanagadi shall stand quashed. V.RAMKUMAR, JUDGE skj