IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 18TH JUNE 2010 / 28TH JYAISTHA 1932 Crl.MC.No. 2154 of 2010() ------------------------- CRIME NO.140/2010 OF KODUVALLY POLICE STATION PETITIONER(S): COMPLAINANT --------------------------------------------------- RAIHANATH, D/O.SIYALI, VIRUTHIPPURAM HOUSE, MUNDUPARA PO, NEELESWARAM. BY ADV. SRI.T.G.RAJENDRAN RESPONDENT(S): ACCUSED/STATE ----------------------------------------------------------- 1. K.MUHAMMED BASHEER, S/O.KUNHALI, KOLATHOTTIL, KARANTHUR, PUTHOOR P.O. 2. SAINABA, W/O.KUNHAYI, RESIDING AT DO. 3. SULAIKHA, W/O.IBRAHIM, NELLOLI HOUSE, KARITIPARAMBA, KODUVALLY. 4. RAMLA, W/O.MOIDEENKUTTY, PURAYIL HOUSE, NATTUMMAL POYIL, MANIPURAM, KODUVALLY. 5. SUB INSPECTOR OF POLICE KODUVALLY POLICE STATION, REP.BY PUBLIC PROSECUTOR, HON'BLE HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.KAMMAPPU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = = = = = = Crl.M.C.No.2154 of 2010 = = = = = = = = = = = = = = = = == Dated: 18.06.2010 ORDER Petitioner, who is the de facto complainant in Crime No.140/2010 of Koduvally Police Station for offences punishable under Sections 498A and 406 read with 34 I.P.C, seeks to quash all the proceedings in the above case 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 petitioner 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 accused 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. All further proceedings in Crime No. 140/2010 of Koduvally Police Station shall stand quashed. V. RAMKUMAR, (JUDGE). sj