IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 24TH MAY 2010 / 3RD JYAISHTA 1932 Crl.MC.No. 1731 of 2010(U) -------------------------- CC.651/2009 of JUDL. MAGISTRATE OF FIRST CLASS-II, HOSDRUG .................... PETITIONER(S): IST ACCUSED ------------------------------------------------ FAISAL.K.V, S/O.ABBAS HAJI, AYISHA MANZIL, P.O.BEKAL FORT, HOSDURG TALUK, KASARGOD DISTRICT. BY ADV. SRI.SURESH KUMAR KODOTH RESPONDENT(S): STATE/COMPLAINANT -------------------------------- 1. STATE OF KERALA REPRESENTED BY STATION HOUSE OFFICER, HOSDURG POLICE STATION THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA. 2. SAINABATH SHEFEENA.H, D/O.HASSAINAR, BENDICHAL, THEKKIL VILLAGE & POST, KASARGOD DISTRICT. PUBLIC PROSECUTOR SRI.C.S.HRITHWICK THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 24/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = = = = = = Crl.M.C.No.1731 of 2010 = = = = = = = = = = = = = = = = == Dated: 24.05.2010 ORDER Petitioner, who is the husband, of the de facto complainant is the 2nd accused in C.C. No.651 of 2009 on the file of the J.F.C.M- II, Hosdurg for an offence punishable under Sec. 498A I.P.C. 2. In the light of the subsequent settlement of the dispute between the marital partners, the petitioner has 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.651 of 2009 pending before the Judicial First Class Magistrate Court-II, Hosdurg, shall stand quashed. V. RAMKUMAR, (JUDGE). sj