IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 21ST MAY 2010 / 31ST VAISAKHA 1932 Crl.MC.No. 1751 of 2010() ----------------------------------------- CC.453/2010 of JUDL.MAGISTRATE OF FIRST CLASS-I, ALUVA .................... PETITIONER(S): ACCUSED ----------------------------------------- 1. SUNIR, AGED 27 YEARS, S/O. ABDU, CHALAYIL HOUSE, CHALEPILLIBHAGOM,ALUVA EAST VILLAGE. 2. HAZIRA, AGED 55 YEARS,W/O. ABDU, CHALAYIL HOUSE, CHALEPILLIBHAGOM,ALUVA EAST VILLAGE. 3. RASHEED, AGED 37 YEARS,S/O.ABDU, CHALAYIL HOUSE, CHALEPILLIBHAGOM,ALUVA EAST VILLAGE. 4. HAIRUNNISA, W/O.RASHEED,AGED 30 YEARS, CHALAYIL HOUSE, CHALEPILLIBHAGOM,ALUVA EAST VILLAGE. BY ADV. SRI.C.D.JOHNY RESPONDENT(S): ------------------------- 1. ALFIYA, AGED 22 YEARS, W/O. SUNIR, AL-AMEEN COLONY, EDATHALAKARA, ALUVA EAST VILLAGE. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM ADV. SMT.SUSAN MATHEW PUBLIC PROSECUTOR SRI.C.S.HRITHWICK THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 21/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = = = = = = Crl.M.C.No.1751 of 2010 = = = = = = = = = = = = = = = = == Dated: 21.05.2010 ORDER Petitioners, who are the husband, father-in-law, mother-in-law brother-in-law and sister-in-law of the de facto complainant are the accused in C.C. No.453 of 2010 on the file of the J.F.C.M-I, Aluva for an offence punishable under Sec. 498A read with 34 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. C.C.No.453 of 2009 pending before the Judicial First Class Magistrate Court-I, Aluva shall stand quashed. V. RAMKUMAR, (JUDGE). sj