IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 7TH JUNE 2010 / 17TH JYAISTHA 1932 Crl.MC.No. 3698 of 2009() --------------------------------------- (C.C.NO.2570/2007 OF *( CJM COURT), KOLLAM) * THE NAME OF THE COURT IS CORRECTED AS JFCM COURT II, KOLLAM - AS PER ORDER DTD.21/1/2010 IN CRL.M.A.NO.7263/2009) PETITIONER(S): 1ST ACCUSED: ------------------------------------------------- SAJU, S/O.AMEER HAMSA, KULANGARA VEEDU, VADAKKEVILA, GOPALASSERY, KOLLAM. BY ADV. SRI.DILEEP P.PILLAI RESPONDENT(S): COMPLAINANT: ----------------------------------------------------- 1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. AMINA BEEVI, D/O.JALALUDEEN, PULLIYIL THEKKATHIL, KOOTTIKKADA, KOLLAM. R1 BY PUBLIC PROSECUTOR SRI. S.U. NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 07/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss V. RAMKUMAR, J. = = = = = = = = = = Crl.M.C.No.3698 of 2009 = = = = = = = = = == Dated: 7th day of June, 2010 ORDER Petitioner, who is the first accused in C.C. No.2570/2007 on the file of the J.F.C.M. Court-II, Kollam for an offence punishable under Sec. 498A I.P.C, seeks to quash all further proceedings against him. 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. 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 premature termination of the prosecution. Crl.M.C.No.3698 of 2009 2 Accordingly, this Criminal Miscellaneous Case is allowed. C.C.No.2570/2007 pending before the Judicial First Class Magistrate Court-II, Kollam shall stand quashed. V. RAMKUMAR, (JUDGE). dmb