IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 12TH MARCH 2008 / 22ND PHALGUNA 1929 Crl.MC.No. 958 of 2008() ------------------------ CC.413/2004 of JUDL.MAGISTRATE OF FIRST CLASS-I, KOTTARAKKARA CRIME NO. 82/2004 of KADACKAL POLICE STATION .................... PETITIONER: ACCUSED NOS.1-7 1. HUSSAIN, S/O.UTHUMANKANNU KUNNUMPURATHU VEEDU, SAMBRAMAM PUTHUKKOD MURI, KUMIL VILLAGE. 2. SAINABHA BEEVI, D/O.RAHUMABEEVI, DO. DO. 3. NUFAISA,D/O.SAINAFA BEEVI, DO. DO. 4. HAYARUNNISA, D/O.SAINAFA BEEVI, DO. DO. 5. MAJILATH, D/O.SAINAFA BEEVI, DO. DO. 6. SIDDIQ, S/O.UTHUMANKANNU, DO. DO. 7. UTHUMANKANNU, S/O.MOHAMMED KUNJU DO. DO. BY ADV. SRI.P.M.HABEEB RESPONDENTS: STATE 1. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. (CRIME NO.82 OF 2004 OF KADACKAL POLICE STATION) 2. RAZEENA BEEGUM, VILAYIL PUTHEN VEEDU CHENKIKUNNU, KILIMANOOR THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI. K.S. SIVAKUMAR, PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 12/03/2008,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. =================== Crl.M.C.No. 958 of 2008 = = = = = = = = = = = = = = Dated this the 12th day of March, 2008 O R D E R The petitioners are the accused in C.C.No.413 of 2004 on the file of J.F.C.M-I, Kottarakkara 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. The learned counsel for the 2nd respondent/complainant also admitted that the matter has since been settled between the marital partners. 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 C.C.No.413/2004 pending before the Judicial First Class Magistrate Court-I, Kottarakkara shall stand quashed. V.RAMKUMAR, JUDGE. rv Crl.M.C.No. 2 Crl.M.C.No. 3 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007