IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 11TH APRIL 2008 / 22ND CHAITHRA 1930 Crl.MC.No. 1621 of 2008() ------------------------- CC.117/2007 of JUDL.MAGISTRATE OF FIRST CLASS COURT, KUTHUPARAMBA .................... PETITIONER: ACCUSED ------------------- 1. RAFEEQUE PUNATHIL, AGED 36, S/O.HAMEED HAJI, RABIYA MANZIL, OLD ROAD, NARAVOOR, KOOTHUPARAMBA. 2. RABIA, W/O.HAMEED HAJI, AGED 50, DO. DO. DO. 3. HAMEED HAJI, AGED 65, DO. DO. DO. 4. SAKEENA, W/O.IBRAHIM, PUNATHIL KANDY, 6THE MILE, KATHIROOR. 5. RUKHIYA, W/O.MAHAMOOD, RABIA MANZIL, KOOTHUPARAMBA. BY ADV. SRI.C.MURALIKRISHNAN (PAYYANUR) RESPONDENTS: COMPLAINANTS ------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. T.K.FASEENA, AGED 28, D/O.ABOO HASHIM, AFSANA, 5TH MILE, KATHIROOR P.O., THALASSERY. BY ADV. SRI.ABRAHAM GEORGE JACOB PUBLIC PROSECUTOR SRI.M.S. BREEZE THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 11/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * Crl.M.C. No. 1621 of 2008 * * * * * * * * * * * * * * * * * * Dated: 11-04-2008 ORDER Petitioners are the accused in C.C. 117 of 2007 on the file of the Judicial Magistrate of the First Class, Koothuparamba for an offence punishable under Sec. 498 A . 2. In the light of the subsequent settlement of the dispute between the marital parties, the petitioner has approached this Court by invoking the powers under Section 482 Cr.P.C. Learned counsel for the 2nd respondent/de facto 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 parties, 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 premature termination of the prosecution. Accordingly, this Criminal Miscellaneous Case is allowed. C.C. 117 of 2007 on the file of the Judicial Magistrate of the First Class, Koothuparamba shall stand quashed. Sd/- V. RAMKUMAR, (JUDGE) /true copy/ ani ani.