IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 16TH AUGUST 2010 / 25TH SRAVANA 1932 Crl.MC.No. 3156 of 2010() ------------------------- CC.890/2010 of JUDL. MAGISTRATE OF FIRST CLASS COURT, IRINJALAKUDA .................... PETITIONER(S): ACCUSED ------------------------------------------- 1. MUHAMMED SIDDIQUE, S/O.KUNJUMOIDEEN, AGED 44 YEARS, THAIVALAPPIL HOUSE, THEKKUMKARA VILLAGE, KARIPPADANNA DESOM, MUKUNDAPURAM TALUK. 2. ABDULLAKUTTY, S/O.MUHAMMED, KOLLATTU HOUSE, THEKKUMKARA VILLAGE, KARIPPADANNA DESOM, MUKUNDAPURAM TALUK. 3. RAMLA, W/O.ABDULLAKUTTY, KOLLATTU HOUSE, THEKKUMKARA VILLAGE, KARIPPADANNA DESOM, MUKUNDAPURAM TALUK. BY ADV. SRI.C.A.CHACKO SMT.C.M.CHARISMA SRI.N.A.SHAFEEK RESPONDENT(S): COMPLAINANT & DEFACTO COMPLAINANT ----------------------------------------------------------------------------------------------------- 1. THE STATE OF KERALA, REPRESENTING S.I. OF POLICE, IRINJALAKUDA POLICE STATION, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SULEKHA, D/O.ABDUL KHADER @ KUNJABDU, VATTAPARAMBIL, ASAN NAGAR DESOM, LOKAMALESWARAM VILLAGE, KODUNGALLUR TALUK. PUBLIC PROSECUTOR SRI.KAMMAPPU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 16/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = = = = = = Crl.M.C.No.3156 of 2010 = = = = = = = = = = = = = = = = == Dated: 16.08.2010 ORDER Petitioners, who are the accused in C.C.No.890/2010 on the file of the J.F.C.M, Irinjalakuda for an offence punishable under Sec. 498A 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.890/2010 pending before the Judicial First Class Magistrate Court, Irinjalakuda shall stand quashed. V. RAMKUMAR, (JUDGE). sj