IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 14TH JUNE 2010 / 24TH JYAISTHA 1932 Crl.MC.No. 2081 of 2010() ---------------------------------------- (CRIME NO.43/2010 OF EDAVANNA POLICE STATION) PETITIONER(S): ------------------------- NAZIYA BEEGUM, AGED 27 YEARS, W/O.UMMER, PULATH HOUSE, KANJIRAKUNNU, AMAYOOR PO, MANJERI, MALAPPURAM DISTRICT. BY ADVS. SRI.K.SHIBILI NAHA, SMT.A.LOWSY. RESPONDENT(S): ---------------------------- 1. STATE OF KERALA, REPRESENED BY THE PUBLIC PROSECUTOR ,HIGH COURT OF KERALA, ERNAKULAM 2. UMMER, AGED 32 YEARS, AGED 32 YEARS, PULATH HOUSE, KANJIRAKUNNU, AMAYOOR PO, MANJERI, MALAPPURAM DISTRICT. R1 BY PUBLIC PROSECUTOR SRI. C.S.HRITHWIK THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 14/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss V.RAMKUMAR, J. ------------------------------------- Crl.M.C.No.2081 of 2010 -------------------------------------- Dated this the 14th day of June, 2010 ORDER Petitioner is the de facto complainant in Crime No.43/2010 of Edavanna Police Station for an offence punishable under Sec. 498A I.P.C. 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 petitioner 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 and the F.I.R. in the above crime shall stand quashed. V.RAMKUMAR, JUDGE skj