IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 13TH JULY 2010 / 22ND ASHADHA 1932 Crl.MC.No. 2683 of 2010() ------------------------- CC.408/2008 of JUDL. MAGISTRATE OF FIRST CLASS COURT-I, PONNANI .................... PETITIONER(S): ACCUSED ---------------------- 1. RAFEEQUE, S/O.YOUNUSS, KIZHAKKOOTTU VALAPPIL HOUSE, PONNANI TALUK, KALLOORMMA DESOM, NANNAMMUKKU PO, MALAPPURAM DISTRICT. 2. UMMUKULSU, S/O.YOUNUSS, KIZHAKKOOTTU VALAPPIL HOUSE, PONNANI TALUK, KALLOORMMA DESOM, NANNAMMUKKU PO, MALAPPURAM DISTRICT. BY ADV. SRI.C.M.MOHAMMED IQUABAL RESPONDENT(S): STATE & DEFACTO COMPLAINANT ------------------------------------------ 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. MISRIYA, D/O.MUHAMMADALI, PERUMBARATHODIYIL HOUSE, PERUMBADAPPU AMSOM, CHERUVALLUR POST, PONNANI TALUK, MALAPPURAM DIST. PUBLIC PROSECUTOR SRI. C.S. HRITHICK THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 13/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ......................................... Crl.M.C.No. 2683 of 2010 ............................................ Dated: 13th day of July 2010 ORDER Petitioners, who are the accused in C.C. No.408 of 2008 on the file of the J.f.C.M., Ponnani for offences punishable under Sections 406 and 498 A read with Sec. 34 I.P.C. seek to quash the proceedings against them 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 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. C.C. No. 408 of 2008 pending before the Judicial First Class Magistrate Court, Ponnani, shall stand quashed. V. RAMKUMAR, (JUDGE). ani/