IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 15TH FEBRUARY 2008 / 26TH MAGHA 1929 Crl.MC.No. 669 of 2008() ------------------------ CC.187/2006 of JUDL.MAGISTRATE OF FIRST CLASS-I, THAMARASSERY .................... PETITIONER/ACCUSED: -------------------------- MUSTHAFA,S/O.LATE AHAMMED, AGED 32 YEARS KACHERIPOYIL VEEDU, KINALUR AMSOM,KOZHIKODE P.O. MADAVOOR, NARIKKUNI. BY ADV. SRI.VINOD SINGH CHERIYAN RESPONDENTS/COMPLAINANT & STATE: --------------------------------------------- 1. SHAMEEN, AGED 24 YEARS,D/O.YUSUFF AGED 24 YEARS, D/O. YUSUFF MURINGAMPURAYIL VEEDU, THACHAMPOYIL,THAMARASSERY. 2. THE STATE OF KERALA REPRESENTED BY SUB INSEPCTOR OF POLICE THAMARASSERY, THROUGH THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. BY ADV. SRI.R.SUDHISH SMT.M.MANJU SRI. M.S. BREEZE, PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 15/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. =================== Crl.M.C.No 669 of 2008 = = = = = = = = = = = = = = Dated this the 15th day of February, 2008 O R D E R The petitioner, who is the husband of the de facto complainant, is the accused in C.C.No.187 of 2006 on the file of J.F.C.M-I, Thamarassery for an offence punishable under Section 498A IPC. 2. In light of the subsequent settlement of the dispute between the marital partners, the petitioner has approached this Court for quashing the said proceedings by invoking the powers under Section 482 Cr.P.C. The learned counsel for the 1st respondent/wife also submitted that the matrimonial dispute 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 petitioner 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.187/2006 pending before the Judicial First Class Magistrate Court-I, Thamarassery shall stand quashed. V.RAMKUMAR, JUDGE. rv Crl.M.C.No./07 2 Crl.M.C.No./07 3 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007