IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 12TH MARCH 2008 / 22ND PHALGUNA 1929 Crl.MC.No. 996 of 2008() ------------------------ CC.657/2007 of JUDL. MAGISTRATE OF FIRST CLASS-V, KOZHIKODE .................... PETITIONER: 2ND ACCUSED ------------------------------- ABDUL NAZAR, S/O.ALAVI, MUMTHAS MANZIL, AREEKKAD, NALLALAM AMSOM & DESOM, KOZHIKODE TALUK. BY ADV. SRI.P.V.KUNHIKRISHNAN RESPONDENTS: COMPLAINANT & STATE --------------------------------------------- 1. SEBEENA, D/O. ASSAINAR, THALAPPIL HOUSE, FEROKE AMSOM AND DESOM, CHUNGAM, KALLITHODI, KOZHIKODE TALUK. 2. THE SUB INSPECTOR OF POLICE, FEROKE POLICE STATION, KOZHIKODE. 3. THE STATE OF KERALA REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY ADV. SMT.BINDU GEORGE SRI. K.S. SIVAKUMAR, PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 12/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. =================== Crl.M.C.No. 996 of 2008 = = = = = = = = = = = = = = Dated this the 12th day of March, 2008 O R D E R The petitioner who is the brother-in-law of the de facto complainant, is the accused in C.C.No.657 of 2007 on the file of J.F.C.M-V, Kozhikode for offences punishable under Sections 498A and 406 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 appearing for the 1st respondent/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 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. 657/2007 pending before the Judicial First Class Magistrate Court-V, Kozhikode shall stand quashed. V.RAMKUMAR, JUDGE. Crl.M.C.No. 2 rv Crl.M.C.No. 3 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007