IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 17TH JUNE 2010 / 27TH JYAISTHA 1932 Crl.MC.No. 3007 of 2006() ------------------------- CRIME NO.93/02 OF PAYYOLI POLICE STATION ------------------------------- PETITIONER(S): ACCUSED ---------------------- 1. GAFOOR, S/O.ABDULLA, ERIKANCHALIL, KUNHIPALLY, VADAKARA. 2. MAHAMOOD, S/O.ABDULLA, ERIKANCHALIL, KUNHIPALLY, VADAKARA. 3. SHAMEENA, D/O.ABDULLA, ERIKANCHALIL, KUNHIPALLY, VADAKARA. BY ADV. SRI.PULIKOOL ABOOBACKER SRI.ZUBAIR PULIKOOL SRI.JISHO JOHN M RESPONDENT(S): COMPLAINANT -------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. Addl.R2. K.RAZIYA, D/O.ABDULLA, KUNNUMMEL HOUSE IRINGAL, KOTTAKKAL, KOYLANDI TALUK ADDITIONAL R2 IMPLEADED AS PER ORDER DATED 7.11.06 IN CRL.M.A NO.5833/06 PUBLIC PROSECUTOR MR.C.S.HRITHIK THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 17/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: dmb V. RAMKUMAR, J. = = = = = = = = = Crl.M.C.No.3007 of 2006 = = = = = = = = = = == Dated: 17th day of June 2010 ORDER Petitioners, who are the accused Nos.1, 4 and 6 in C.C. No.285/2002 on the file of the J.F.C.M. Court, Payyoli, for offences punishable under Sec. 498A and 406 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. Even though 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.285/2002 pending before the Judicial First Class Magistrate Court, Payyoli shall stand quashed. V. RAMKUMAR, (JUDGE). dmb