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. 1707 of 2010() ------------------------- CC.1656/2009 of JUDL. MAGISTRATE OF FIRST CLASS COURT, CHAVAKKAD .................... PETITIONER(S): ACCUSED --------------------------------------------- 1. SHAJI @ ABDUL SALEEM, AGED 33 YEARS, S/O.E.P.MUHAMMED, EDASSERIL HOUSE, THALIKKULAM.P.O, THRISSUR DISTRICT. 2. E.P.MUHAMMED, AGED 65 YEARS, EDASSERIL HOUSE, THALIKKULAM.P.O, THRISSUR DISTRICT. 3. SUHARA, AGED 55 YEARS, W/O.E.P.MUHAMMED, EDASSERIL HOUSE, THALIKKULAM.P.O, THRISSUR DISTRICT. 4. ABDUL SALEEM, AGED 40 YEARS, S/O.E.P.MUHAMMED, EDASSERIL HOUSE, THALIKKULAM.P.O, THRISSUR DISTRICT. BY ADV. SRI.M.A.ABDUL HAKHIM SRI.JYOTHISH.J.KALLINGAL RESPONDENT(S): COMPLAINANT, DEFACTO COMPLAINANT --------------------------------------------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. 2. SHAHEENA, AGED 28 YEARS, D/O.VALIYAKATH KAITHAKKAL MUHAMMED, ORUMANAYUR, CHAVAKKAD TALUK. ADV. SRI.SAJU JOHN FOR R2 PUBLIC PROSECUTOR SRI.C.S.HRITHWICK 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.1707 of 2010 = = = = = = = = = = = = = = = = == Dated:18.06.2010 ORDER Petitioners, who are the accused in C.C. No.1656 of 2009 on the file of the J.F.C.M, Chavakkad for offences punishable under Sections 406,420 and 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.1656 of 2009 pending before the Judicial First Class Magistrate Court, Chavakkad shall stand quashed. V. RAMKUMAR, (JUDGE). sj