IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 28TH MAY 2010 / 7TH JYAISHTA 1932 Crl.MC.No. 1863 of 2010() ------------------------- CRIME NO.343/2010 OF KASARAGOD POLICE STATION PETITIONER(S): ACCUSED ------------------------------------------ 1. MR.ABDUL RAZAK, AGED 23 YEARS, S/O.ISMAIL, RESIDING AT KUNNIL HOUSE, OLAYATHADKA, MADHUR VILLAGE, KASARAGOD TALUK AND DISTRICT. 2. ISMAIL, AGED 58 YEARS, S/O.KUNHALI, R/AT KUNNIL HOUSE,OLAYATHADKA, MADHUR VILLAGE, KASARAGOD TALUK AND DISTRICT. 3. SAFIA, AGED 41 YEARS, W/O.ISMAIL, RESIDING AT KUNNIL HOUSE, OLAYATHADKA, MADHUR VILLAGE, KASARAGOD TALUK AND DISTRICT. 4. MARIYUMMA @ SHABANA, AGED 25 YEARS, W/O.ALI, RESIDING AT BANDIYODU, KASARAGOD TALUK AND DISTRICT. BY ADV. SRI.T.B.SHAJIMON RESPONDENT(S): RESPONDENTS/COMPLAINANT/STATE: ---------------------------------------------------------------------------------------------- 1. THAHIRA, AGED ABOUT 20 YEARS, D/O.YOUSUF THALAGARA KUNNIL, TALANGARA VILLAGE AND POST, KASARAGOD TALUK AND DISTRICT. 2. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. SRI.SIJU MATHEW FOR R1 PUBLIC PROSECUTOR SRI.KAMAPPU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 28/05/2010 , THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = = = = = = Crl.M.C.No.1863 of 2010 = = = = = = = = = = = = = = = = == Dated: 28.5.2010 ORDER Petitioners, who are the husband, father-in-law, mother-in-law and sister-in-law of the de facto complainant are the accused in Crime No.343 of 2010 of Kasaragod Police Station for an offence punishable under Sec. 498A 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 proceedings in Crime No.343/2010 of Kasaragod Police Station shall stand quashed. V. RAMKUMAR, (JUDGE). sj