IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 14TH FEBRUARY 2008 / 25TH MAGHA 1929 Crl.MC.No. 586 of 2008() ------------------------ CC.64/2005 of JUDL. MAGISTRATE OF FIRST CLASS-V, KOZHIKODE .................... PETITIONER: ------------ 1.ABDUL LATHEEF, S/O. KUNJIRAYIL, NAMBILATH HOUSE, THENJIPALAM P.O.,MALAPPURAM DIST. 2.M. KHADER, VALIYAPARAMBU HOUSE, ALUNGAL, CHELARI, MALAPPURAM DISTRICT. 3.SUBAIR, S/O. SAYED ALAVI, NAMBILATH HOUSE, THENJIPALAM P.O., MALAPPURAM DISTRICT. 4.NAFEESA, W/O. KHADER, VALIYAPARAMBU HOUSE, ALUNGAL, CHELARI, MALAPPURAM DISTRICT. 5.NAFEESA, W/O. SAYED ALAVI, NAMBILATH HOUSE, THENJIPALAM P.O., MALAPPURAM DISTRICT. 6.AYSHABI, W/O. MUHAMMEDKUTTY, MAKKADOMPALLICHERU HOUSE, KOLAKUTHU, MALAPPURAM DISTRICT. BY ADV. SRI.P.SANJAY SRI.M.MUHAMMED SHAFI RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. RAMLA, D/O. AYSHA BEEVI, VELLATHUMPARAMBIL HOUSE, KADALUNDI P.O., KOZHIKODE DISTRICT. BY ADV. SRI.ABHILASH.J. PUBLIC PROSECUTOR SRI. K.S. SIVAKUMAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 14/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * Crl.M.C. No. 586 of 2008 * * * * * * * * * * * * * * * * * * Dated: 14-02-2008 ORDER Petitioners are the accused in C.C. No. 64 of 2005 on the file of the J.F.C.M-V, Kozhikode. 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 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 premature termination of the prosecution. Accordingly, this Criminal Miscellaneous Case is allowed. C.C. No. 64 of 2005 on the file of the J.F.C.M-V, Kozhikode shall stand quashed. V. RAMKUMAR, (JUDGE) ani