IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 20TH FEBRUARY 2008 / 1ST PHALGUNA 1929 Crl.MC.No. 683 of 2008 C.C. NO. 320/207 OF THE JFCM PONNANI PETITIONER: ACCUSED: -------------------- 1. FATHIMA, AGED 48 YEARS, W/O.ABDU, KADAMPALLIL HOUSE, VELIYANCODE, PONNANI, MALAPPURAM. 2. ARIF, S/O.ABDU, KADAMPALLIL HOUSE, VELIYANCODE, PONNANI, MALAPPURAM. 3. RAFEQUE, S/O.ABDU, KADAMPALLIL HOUSE, VELIYANCODE, PONNANI, MALAPPURAM. BY ADV. SRI.C.V.MANUVILSAN SRI.P.K.KHALEEMUDHEEN SRI.P.C.ANIL KUMAR RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM. 2. RAJILA, D/O.RASAK, PANIKAVEETIL, ATHAALUR, MALAPPURAM. BY PUBLIC PROSECUTOR MR. M.S. BREEZE THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 20/02/2008,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. = = = = = = = = = = = Crl.M.C.No 683 of 2008 = = = = = = = = = = = = = = Dated this the20 th day of February, 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 C.C.No.320 of 2007. on the file of J.F.C.M-Ponnani 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. The learned counsel appearing for the second respondent/complainant also admitted that the dispute has since been settled between the marital parties. 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.320 /2007 pending before the Judicial First Class Magistrate Court, Ponnani 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