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. 1852 of 2010() -------------------------------------- (C.C.NO.1657/2009 OF JFCM COURT, CHAVAKKAD) ..... (CRIME NO.659/2009 OF GURUVAYOOR POLICE STATION) PETITIONER(S): ACCUSED: ----------------------------------------- 1. ABDUL SHERIFF, AGED 50 YEARS, S/O.MOHAMMED, PAMBRA HOUSE, P.O.ERUMAPETTY, THALAPPILLY TALUK, THRISSUR DISTRICT. 2. NABEESA, AGED 70 YEARS, W/O.MOHAMMED, PAMBRA HOUSE, P.O.ERUMAPETTY, THALAPPILLY TALUK,THRISSUR DISTRICT. 3. YOUSUF, AGED 53 YEARS, S/O.MOHAMMED, PAMBRA HOUSE, P.O.ERUMAPETTY, THALAPPILLY TALUK, THRISSUR DISTRICT. 4. RAMLA, AGED 40 YEARS, D/O.MOHAMMED, PAMBRA HOUSE, P.O.ERUMAPETTY, THALAPPILLY TALUK, THRISSUR DISTRICT. 5. SHABI, AGED 40 YEARS, W/O.YOUSUF, PAMBRA HOUSE, P.O.ERUMAPETTY, THALAPPILLY TALUK, THRISSUR DISTRICT. BY ADV. SRI.RAJIT RESPONDENT(S): STATE & DEFACTO COMPLAINANT: --------------------------------------------------------------------------------- 1. STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. BINEESHA, AGED 26 YEARS, D/O.MUHAMMED SHERIFF, PALLIYATH KALLOORAYIL HOUSE, KURINJIYOOR DESOM, EDAKKAZHIYUR VILLAGE, CHAVAKKAD TALUK. R1 BY PUBLIC PROSECUTOR SRI. S.U. NAZAR R2 BY ADV. SRI.K.I.CHACKO 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. 1852 of 2010 = = = = = = = = = == Dated:7th day of June, 2010 ORDER Petitioners, who are accused Nos.1 to 5 in C.C. No.1657/2009 on the file of the J.F.C.M. Court, Chavakkad, for an offence punishable under Sec. 498A I.P.C, seek to quash all proceedings pending against the petitioners. 2. In the light of the subsequent settlement of the dispute between the marital parties, 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 parties, 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 premature termination of the prosecution. Crl.M.C.No. 1852 of 2010 2 Accordingly, this Criminal Miscellaneous Case is allowed. C.C.No.1657/2009 pending before the Judicial First Class Magistrate Court, Chavakkad shall stand quashed. V. RAMKUMAR, (JUDGE). dmb