IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 7TH JULY 2010 / 16TH ASHADHA 1932 Crl.MC.No. 2511 of 2010() ------------------------- CC.755/2009 of JUDL. MAGISTRATE OF FIRST CLASS, KUNNAMANGALAM .................... PETITIONER(S): ACCUSED ---------------------- 1. ABDUL JABBAR, S/O.MUHAMMED, AGED 33 YEARS, PALLIKKARA HOUSE, AIKARAPADY P.O. MALAPPURAM DISTRICT. 2. MAJEED @ BAVA, S/O.MUHAMMED, AGED 36 YEARS, PALLIKKARA HOUSE, AIKARAPADY P.O. MALAPPURAM DISTRICT. 3. MUHAMMED, S/O.VEERANKUTTY, AGED 56 YEARS, PALLIKKARA HOUSE, AIKARAPADY P.O. MALAPPURAM DISTRICT. 4. AMINA, W/O.MUHAMMED, AGED 51 YEARS, PALLIKKARA HOUSE, AIKARAPADY P.O. MALAPPURAM DISTRICT. BY ADV. SRI.P.V.KUNHIKRISHNAN RESPONDENT(S): COMPLAINANT -------------------------- 1. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. RAHIYANATH, D/O.HASSAN KOYA, AGED 25 YEARS, MAYANGOTTUTHAZHAM HOUSE, P.O.POOVATTUPARAMBA, KOZHIKODE DISTRICT - 673 513. ADV. SRI.HANSON.P.MATHEW R1 BY P.P.SRI.C.S.HRITICK THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 07/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = Crl.M.C.No.2511 of 2010 = = = = = = = = = = == Dated: 7th day of July, 2010 ORDER Petitioners, who are accused Nos.1 to 4 in C.C. No.755/2009 on the file of the J.F.C.M. Court, Kunnamangalam for an offence punishable under Sec. 498A 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. Crl.M.C.No.2511 of 2010 2 Accordingly, this Criminal Miscellaneous Case is allowed. C.C.No.755/2009 pending before the Judicial First Class Magistrate Court, Kunnamangalam shall stand quashed. V. RAMKUMAR, (JUDGE). dmb