IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 18TH JUNE 2010 / 28TH JYAISTHA 1932 Crl.MC.No. 2147 of 2010() ------------------------- CC.111/2007 of CHIEF JUDICIAL MAGISTRATE COURT, KOLLAM .................... PETITIONER(S): ACCUSED ------------------------------------------ 1. ANSAR,S/O.MUHAMMED KUNJU, PARANKIMAMVILA MEENAHAHIL HOUSE, MYNAGAPPILLY, VENGA MURI, KOLLAM DISTRICT 2. MUHAMMED KUNJU,S/O. CHERAMKUNJU, PARANKIMAMVILA MEENATHATHIL HOUSE, MYNAGAPPILLY, VENGA MURI, KOLLAM DISTRICT. 3. SAINABA,W/O. MUHAMMED KUNJU, PARANKIMAMVILA MEENATHATHIL HOUSE, MYNAGAPPILLY, VENGA MURI, KOLLAM DISTRICT. 4. MUJEEB, S/O. MUHAMMED KUNJU, PARANKIMAMVILA MEENATHATHIL HOUSE, MYNAGAPPILLY, VENGA MURI, KOLLAM DISTRICT. 5. SAJINA, W/O. MUJEEB, PARANKIMAMVILA MEENATHATHIL HOUSE, MYNAGAPPILLY, NENGA MURI, KOLLAM DISTRICT. 6. MUMTHAZ, D/O. MUHAMMED KUNJU, PARANKIMAMVILA MEENATHATHIL HOUSE, MYNAGAPPILLY, VENGA MURI, KOLLAM DISTRICT. BY ADV. SRI.SUNNY MATHEW Crl.MC.No. 2147 of 2010() 2 RESPONDENT(S): -------------------------- 1. SHOBITHA, D/O. ABDUL JALEEL, NOORJAHAN MANZIL, VADAKKEVILA, KOLLAM DISTRICT. 2. STATE OF KERALA, THROUGH THE SUB INSPECTOR OF POLICE, EAST POLICE STATION, KOLLAM, REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA,ERNAKULAM. ADV. SRI.SAKIR.K.H. FOR R1 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = = = = = = Crl.M.C.No.2147 of 2010 = = = = = = = = = = = = = = = = == Dated: 18.06.2010 ORDER Petitioners, who are the accused Nos. 1 to 6 in C.C. No.111 of 2007 on the file of the Chief Judicial Magistrate, Kollam for an offence punishable under Sec. 498A read with 34 I.P.C, seek to quash the proceedings against them on the ground that the marital partners have subsequently settled their disputes. 2. In the light of the subsequent settlement of the dispute between the marital partners, the petitioners have 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.111 of 2007 on the file of the Chief Judicial Magistrate, Kollam, shall stand quashed. V. RAMKUMAR, (JUDGE). sj