IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 5TH AUGUST 2010 / 14TH SRAVANA 1932 Crl.MC.No. 3142 of 2010() -------------------------------------- (CRIME NO.478 OF 2010 OF KOZHIKODE KASABA POLICE STATION) PETITIONER(S): DEFACTO COMPLAINANT AND ACCUSED 1-5: -------------------------------------------------------------------------------------------- 1. FATHIMA, D/O.MOOSA MUSLIAR, AGED 19 YEARS, CHENGOTTUKUZHI HOUSE, P.O.KAYALAM, PALLITHAZHAM, KOZHIKODE DISTRICT. 2. SUBAIR, S/O.ABDUL RAHMAN MUSLIAR, AGED 27 YEARS, EDARAKKALPARAMBU HOUSE, POKKUNNU, KOZHIKODE. 3. JAMEELA, W/O.ABDUL RAHMAN MUSLIAR, AGED 47 YEARS, EDARAKKALPARAMBU HOUSE, POKKUNNU, KOZHIKODE. 4. SAFWAN, S/O.ABDUL RAHMAN MUSLIAR, AGED 22 YEARS, EDARAKKALPARAMBU HOUSE, POKKUNNU, KOZHIKODE. 5. SIRAJ, S/O.ABDUL RAHMAN MUSLIAR, AGED 24 YEARS, EDARAKKALPARAMBU HOUSE, POKKUNNU, KOZHIKODE. 6. MOOSA BAKHAFI, S/O.KOODATHUMKUZHI ABOOBACKER, MAYYIPATTA HOUSE, P.O.CHEROOPPA, VIA MAVOOR, KOZHIKODE. BY ADV. SRI.K.M.FIROZ RESPONDENT(S): STATE: --------------------------------------- THE STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, KOZHIKODE CUSBA POLICE STATION REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. C.M. KAMMAPPU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 05/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss V. RAMKUMAR, J. = = = = = = = = = = = = = = = = = = Crl.M.C.No.3142 of 2010 = = = = = = = = = = = = = = = = == Dated: 05.08.2010 ORDER The 1st petitioner is the de facto complainant in Crime No.478/2010 of Kozhikode Kasaba Police Station for offences punishable under Sections 498A and 406 read with 34 I.P.C. Petitioners 2 to 6 , who are the accused in the above crime 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 petitioners 2 to 6 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. Crime No. No.478/2010 of Kozhikode Kasaba Police Station shall stand quashed. V. RAMKUMAR, (JUDGE). sj