IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 14TH JUNE 2010 / 24TH JYAISTHA 1932 Crl.MC.No. 2082 of 2010() ----------------------------------- CC.346/2009 of JUDL. MAGISTRATE OF FIRST CLASS COURT, NILAMBUR. CRIME NO.339/2009 OF NILAMBUR POLICE STATION. .................... PETITIONER(S): IST ACCUSED ------------------------ RIYASUDEEN @ RIYAS, S/O.ABU VAKEPARAMBIL HOUSE, THAZHEKODE AMSOM DESOM PERITHALMANNA TALUK, MALAPPURAM DISTRICT. BY ADV. SRI.U.K.DEVIDAS RESPONDENT(S): COMPLAINANT /STATE ------------------------- 1. STATE OF KERALA REPRESENTED BY THE S.I.OF POLICE, NILAMBUR THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SAJNA, D/O.VEERANKUTTY, VATTATHODIKA HOUSE, EDIVANNA, AKAMPADAM AMSOM DESOM NILABUR TALUK, MALAPPURAM DISTRICT. BY PUBLIC PROSECUTOR SRI.S.U.NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 14/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss V.RAMKUMAR, J. ------------------------------------- Crl.M.C.No.2082 of 2010 -------------------------------------- Dated this the 14th day of June, 2010 ORDER Petitioner is the first accused in Crime No.339/2009 of Nilambur Police Station for offences punishable under Sections 498A & 406 read with Section 34 I.P.C. 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 Sections 498A & 406 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 invoked by this Court to bring about premature termination of the prosecution. Crl.M.C.No.2082/2010 : 2 : Accordingly, this Criminal Miscellaneous Case is allowed. C.C.No.346/2009 pending before the Judicial First Class Magistrate Court, Nilambur shall stand quashed. V.RAMKUMAR, JUDGE skj