IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 17TH MAY 2010 / 27TH VAISAKHA 1932 Crl.MC.No. 1579 of 2010() ------------------------- CC.320/2008 of JUDL.MAGISTRATE OF FIRST CLASS-I, HOSDRUG .................... PETITIONER(S): --------------- K.A. HANIFA, (A1), S/O. ABDUL KHADER, RESIDING AT BEVENJA IN THEKKIL VILLAGE AND POST, KASARAGOD DISTRICT BY ADV. SRI.T.B.SHAJIMON SMT.GOVINDU P.RENUKADEVI RESPONDENT(S): --------------- 1. P.K. KHADEEJA, D/O. ALI, RESIDING AT ATITTAMMAL, KOLAYAVAYAL IN AJANOOR VILLAGE HOSDURG TALUK,KASARAGOD 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM ADV. SRI.SIJU MATHEW FOR R1 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 17/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: C.C. No. 320 of 2008 of Judicial Magistrate of Ist Class-I, Hosdurg shown in the cause title of the order dated 17-5-2010 in Crl. M.C. No. 1579 of 2010 is corrected as C.C. No. 320 of 2009 as per order dated 20-09-2010 in Crl.M.A. No. 5806 of 2010. Sd/- Registrar, Judicial. V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * Crl.M.C. No. 1579 of 2010 * * * * * * * * * * * * * * * * * * Dated: 17-5-2010 ORDER Petitioner who is the husband of the de facto complainant in C.C. No. 320 of 2008 on the file of the J.F.C.M. -I, Hosdurg for an offence punishable under Sec. 498 A I.P.C. 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. 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. No. 320 of 2008 pending before the Judicial First Class Magistrate Court-I, Hosdurg, shall stand quashed. Sd/-V. RAMKUMAR, (JUDGE). ani /true copy/ P.S. to Judge “C.C. No.320 of 2008” occurring in line 2 of first paragraph and line 2 of last paragraph in the order dated 17-5-2010 is corrected and substituted as “C.C. No. 320 of 2009” as per order dated 20-09-2010 in Crl.M.A. No. 5806 of 2010. Sd/- Registrar (Judicial)