IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 12TH MARCH 2008 / 22ND PHALGUNA 1929 Crl.MC.No. 1003 of 2008() CRIME NO. 353/2007 of NALLALAM POLICE STATION ........................ PETITIONER: ACCUSED 1. MOHAMMED HANEEFA, AGED 40 YEARS, S/O. SAIDUMOHAMMED, VALIYATHOTTATHIL PATHIYIL PARAMBU HOUSE, P.O.NALLALAM, KOZHIKODE TALUK. 2. KADEEJA, AGED 60 YEARS, W/O. SAIDUMOHAMMED, VALIYATHOTTATHIL PATHIYIL PARAMBU HOUSE, P.O.NALLALAM, KOZHIKODE TALUK. 3. SHUKKOOR, AGED 35 YEARS, S/O. SAIDUMOHAMMED, VALIYATHOTTATHIL PATHIYIL PARAMBU HOUSE, P.O.NALLALAM, KOZHIKODE TALUK. BY ADV. SRI.P.V.KUNHIKRISHNAN RESPONDENTS: COMPLAINANT 1. THE STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, NALLALAM POLICE STATION, KOZHIKODE. 3. RASHEEDA, AGED 31 YEARS, D/O. MAMUKOYA, BAITHULHUDA, EAST CHAKYADATH PARAMBU, MATHOTTAM, P.O.ARAKINAR, KOZHIKODE. BY ADV. SMT.BINDU GEORGE SRI. PUZHAKKARA MUHAMMED, PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 12/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. =================== Crl.M.C.No. 1003 of 2008 = = = = = = = = = = = = = = Dated this the 12th day of March, 2008 O R D E R The petitioners who are the husband, mother-in-law and brother- in-law of the de facto complainant, are the accused in crime No. 353 of 2007 of Nallalam police station for offences punishable under Sections 406 and 498A r/w Section 34 IPC. 2. In light of the subsequent settlement of the dispute between the marital partners, the petitioners have approached this Court for quashing the said proceedings by invoking the powers under Section 482 Cr.P.C. The learned counsel for the 2nd respondent/de facto complainant also admitted that the matrimonial dispute has since been settled between the marital partners. 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. Even though the offence under Section 498A I.P.C is not compoundable, in the light of the decision of the Apex Court in B.S.Joshi vs. 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. Accordingly, this Criminal Miscellaneous Case is allowed and Annexure 1 F.I.R and all further proceedings shall stand quashed. V.RAMKUMAR, JUDGE. rv Crl.M.C.No. 2 Crl.M.C.No. 3 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007