IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 3RD JANUARY 2008 / 13TH POUSHA 1929 Crl.MC.No. 35 of 2008() --------------------------- (CRIME NO. 1262/2006 of ALUVA POLICE STATION) PETITIONER: ------------ 1. ASHIQ P.A., VANDACKAPARAMBIL HOUSE, NAD. P.O., NOCHIMA, ALUVA. 2. BEEVI, AGED 70, W/O. LATE ABU, VANDAKKAPARAMBIL HOUSE, NAD. P.O. NOCHIMA, ALUVA. 3. NABEESA, AGED 43 YEARS, W/O. HAMSA, VANDAKKAPARAMBIL HOUSE, NAD. P.O., NOCHIMA, ALUVA. BY ADV. SRI.P.BABU KUMAR RESPONDENTS: ----------------- 1. SHAJITA, NEERUNGAL HOUSE, AL-AMEEN NAGAR, NAD P.O.,ALUVA. 2. SUB INSPECTOR OF POLICE, ALUVA POLICE STATION, ALUVA. BY ADV. SMT.V.SHYLAJA SRI. BREEZE, PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. = = = = = = = = = = = Crl.M.C.No 35 of 2008 = = = = = = = = = = = = = = Dated this the 3rd day of January, 2008. O R D E R The petitioners who are the husband, mother-in-law and sister-in-law of the de facto complainant, are the accused in crime No. 1262/2006 of Aluva Police Station 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. 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 further proceedings in pursuance of Annexure A FIR shall stand quashed. (V.RAMKUMAR, JUDGE) rv R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007