IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 29TH JUNE 2010 / 8TH ASHADHA 1932 Crl.MC.No. 1816 of 2010() ------------------------- (Crime No.714/2010 of Central Police Station, Ernakulam) PETITIONERS: --------------- 1. SHAIK RAFFIQ, AGED 31, S/O.SHAIK HASHIM, VELUTHEDATHU HOUSE, KALABHAVAN ROAD, ERNAKULAM NORTH. 2. SHAIK RAKESH, AGED 35 YEARS, S/O.SHAIK HASHIM, DO- 3. FATHIMA BEEVI, AGED 62 YEARS, DO- 4. SHAIK HASHIM, AGED 69 YEARS, DO- BY ADV. SRI.SUBAL J.PAUL RESPONDENTS: --------------- 1. SHAMNA, AGED 23 YEARS, (RESPONDENT NO.1, DEFACTO COMPLAINANT) CHANDINI MANZIL HOUSE, 10TH MAIN 6TH CROSS ROAD, MARUTHI NAGAR, MALLESH PALYA EXTENSION, TIPPU SANDRA POST BANGALORE, KARNATAKA. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.KAMMAPPU ADV. SRI.JOHN NUMPELI (JUNIOR) FOR R1 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 29/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. ------------------------------------- Crl.M.C.No.1816 of 2010 -------------------------------------- Dated this the 29th day of June, 2010 ORDER Petitioners are the accused Nos.1 to 4 in Crime No.714/2010 of Central Police Station for offences punishable under Sections 498A, 354 & 506 (1) read with Section 34 I.P.C. 2. In the light of the subsequent settlement of the dispute between the marital parties, 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 parties, continuance of the criminal prosecution against the petitioners is an avoidable irritant. 3. Eventhough the offence under Sections 498A, 354 & 506 (1) read with Section 34 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 Crl.M.C.No.1816/2010 : 2 : invoked by this Court to bring about premature termination of the prosecution. Accordingly, this Criminal Miscellaneous Case is allowed and the F.I.R. in the above crime shall stand quashed. V.RAMKUMAR, JUDGE skj