IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 29TH FEBRUARY 2008 / 10TH PHALGUNA 1929 Crl.MC.No. 899 of 2008 ------------------------ CC.90/2008 of JUDL. MAGISTRATE OF FIRST CLASS-II, HOSDRUG .................... PETITIONER: ACCUSED NOS.1 TO 3 ------------------------------ 1. P.M.KHADEEJA, W/O. SHAREEF, ILLIAS NAGAR, BEKAL, P.O.PALLIKKARA. 2. NAVAS, S/O. SHAREEF, ILLIAS NAGAR, BEKAL, P.O.PALLIKKARA. 3. AMEEN, S/O. SHAREEF, ILLIAS NAGAR, BEKAL, P.O.PALLIKKARA. BY ADV. SMT.T.SUDHAMANI RESPONDENTS: STATE AND DEFACTO COMPLAINANT ------------------------------------------ 1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. K.M.NASEEMA, W/O. AMEEN, AYAMBARA QUARTERS, MANGAD, BARA VILLAGE. BY PUBLIC PROSECUTOR MR. PUZHAKKARA MUHAMMED BY ADV. SRI.T.MADHU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 29/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. = = = = = = = = = = = Crl.M.C.No. 899 of 2008 = = = = = = = = = = = = = = Dated this the 29 th day of February, 2008 O R D E R The petitioners are the accused in C.C.No. 90/2008 on the file of J.F.C.M-II, Hosdurg for an offence punishable under Section 498A 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. Having regard to the resolution of the disputes between the marital partners, continuance of the criminal prosecution against the petitioners is an avoidable irritant. Learned counsel appearing for the complainant also admitted that the marital parties had since been settled their matrimonial disputes. 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 C.C.No.90/2008 pending before the Judicial First Class Magistrate Court,-II, Hosdurg shall stand quashed. (V.RAMKUMAR, JUDGE) ks. Crl.M.C.No./07 2 Crl.M.C.No./07 3 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007