IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 20TH AUGUST 2010 / 29TH SRAVANA 1932 Crl.MC.No. 3568 of 2010() ------------------------- CRIME NO.582/2009 OF NALLALAM POLICE STATION, KOZHIKKODE --------------------------------- PETITIONER(S): / DE FACTO COMPLAINANT --------------------------------------------------------------- SAJILA.M, VENNIYIL MEETHAL HOUSE PANTHEERANKAV AMSOM AND DESOM P.O GURUVAYURAPPAN COLLEGE, KOZHIKKODE DIST. BY ADV. SRI.M.MUHAMMED SHAFI RESPONDENT(S): / COMPLAINANT AND ACCUSED ------------------------------------------------------------------------ 1. STAT EOF KERALA REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM 2. SALEEM E.K, RAINBOW HOUSE P.O POKKUNNU, VALAYANAD AMSOM AND DESOM KINASSERY, KOZHIKKODE DIST. 3. ASIA, W/O.POKKU E.K RAINBOW HOUSE, P.O.POKKUNNU VALAYANAD AMSOM AND DESOM KINASSERY, KOZHIKKODE DIST. 4. SAMEENA, W/O.MUNNAS RAINBOW HOUSE, P.O.POKKUNNU VALAYANAD AMSOM AND DESOM KINASSERY, KOZHIKKODE DIST. BY PUBLIC PROSECUTOR MR.KAMMAPPU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 20/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. .................................................. Crl.M.C.No. 3568 of 2010 ................................................... Dated: 20th August, 2010 ORDER Petitioner, who is the complainant in Crime No. 582 of 2009 of Nallalam Police Station, Kozhikode for offences punishable under Sections 498 A and 406 I.P.C. seeks to quash the proceedings in the above Crime 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 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 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. Accordingly, this Criminal Miscellaneous Case is allowed. The proceedings in Crime No. 582 of 2009 of Nallalam Police Station, Kozhikode shall stand quashed. V. RAMKUMAR, (JUDGE). ani