IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 24TH MAY 2010 / 3RD JYAISHTA 1932 Crl.MC.No. 1769 of 2010() ------------------------- PETITIONER(S): ACCUSED ---------------------- SUBAIR, S/O.MOIDEEN, AGED 41 YEARS, PODUVANNIKKAL HOUSE, KUMARANELLOOR AMSOM, ANAYAMKUNNU DESOM, MYSOREMALA.P.O, MUKKOM, KOZHIKODE. BY ADV. SRI.SUNNY MATHEW RESPONDENT(S): --------------- 1. P.A.SAFIYA @ SURAIYA, AGED 28 YEARS, D/O.P.ALI, PARAYETTUKUZHIYIL HOUSE, THIRUVAMBADI AMSOM DESOM, KOZHIKODE TALUK. 2. STATE OF KERALA THROUGH SUB INSPECTOR OF POLICE, MUKKOM, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR.C.S.HRITHIK THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 24/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = Crl.M.C.No.1769 of 2010 = = = = = = = = = == Dated: 24th day of May, 2010 ORDER Petitioner, who is the accused in Crime No.349/2009 of the Mukkom Police Station for an offence punishable under Sec. 498A I.P.C, seeks to quash all further proceedings in pursuance to Annexure A1 F.I.R. 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 petitioner is an avoidable irritant. 3. Eventhough 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 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. Crl.M.C.No.1769 of 2010 2 Accordingly, this Criminal Miscellaneous Case is allowed. All further proceedings against the petitioner in pursuance to Annexure A1 FIR in Crime No.349/2009 of Mukkom Police Station shall stand quashed. V. RAMKUMAR, (JUDGE). dmb