IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 21ST MAY 2010 / 31ST VAISAKHA 1932 Crl.MC.No. 1741 of 2010() ------------------------- AGAINST THE ORDER IN LP.25/07 IN CC.71/2005 of JUDL. MAGISTRATE OF FIRST CLASS COURT-II, NEDUMANGAD .................... PETITIONER(S): ACCUSED ----------------------------------------- SAJAD, S/O. AHAMADALI, AGED 43, SAJAD MANZIL, NAALAM KALLU, PACHALLOOR DESOM, THIRUVALLAM VILLAGE, THIRUVANANTHAPURAM. BY ADV. SRI.SHAJIN S.HAMEED RESPONDENT(S): STATE & CW1 --------------------------------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGHER COURT OF KERALA, ERNAKULAM. 2. SAFEELA, W/O. SAJAD, AGED 30, KUNNIL PUTHENVEEDU, THATTATHUMALA THUDAKKARIKOM, PAZHAYAKUNNINMEL, CHIRAYANKEZHU TALUK. ADV. SRI.K.K.DHEERENDRAKRISHNAN FOR R2 PUBLIC PROSECUTOR SRI.C.S.HRITHWICK THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 21/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = = = = = = Crl.M.C.No.1741 of 2010 = = = = = = = = = = = = = = = = == Dated:21.05.2010 ORDER Petitioner, who is the husband, of the de facto complainant is the accused in C.C. No.71 of 2005 on the file of the J.F.C.M.-II, Nedumangad 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. L.P.No.25 of 2007 in C.C.No.71 of 2005 pending before the Judicial First Class Magistrate Court-II, Nedumangad shall stand quashed. V. RAMKUMAR, (JUDGE). sj