IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 21ST MAY 2010 / 31ST VAISAKHA 1932 Crl.MC.No. 1758 of 2010() ------------------------- CC.2210/2007 of JUDL.MAGISTRATE OF FIRST CLASS-II, KOLLAM .................... PETITIONER(S): ----------- SHAINIMOL @ SHAINI, AGED 29, D/O.MASINI, CHARUVILA VEEDU, MAITHANI, VARKALA VILLAGE, CHIRAYINKIZHEL THALUK, THIRUVANANTHAPURAM BY ADV. SRI.AJAYA KUMAR. G RESPONDENT(S): ------------ 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 2. FAHAD, AGED 33, S/O. YAHIYA, PAVOOR PUTHAN VEEDU, GARDENS NAGAR 17, ASRAMOM WEST WARD, KOLLAM EAST VILLAGE 3. SALEEKHATH, AGED 57, D/O. MUHAMMED FATHIMA, PAVOOR PUTHAN VEEDU, GARDENS NAGAR 17, ASRAMOM WEST WARD, KOLLAM EAST VILLAGE PUBLIC PROSECUTOR SRI. S.U. NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 21-5-2010 , THE COURT ON 21/05/2010 PASSED THE FOLLOWING: V. RAMKUMAR, J. ............................................. Crl.M.C.No. 1758 of 2010 ............................................ Dated: 21-05-2010 ORDER Petitioner who is the de facto complainant and respondents 2 and three are accused Nos. 1 and 2 in C.C. No. 2210 of 2007 on the file of the J.F.C.M. II, Kollam. The 2nd respondent is the husband and 3rd respondent is the mother-in-law of the petitioner. They are convicted for an offence punishable under Section 498 A I.P.C. 2. In the light of the subsequent settlement of the dispute between the marital partners, the petitioners have 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. C.C. No. 2210 of 2007 pending before the Judicial First Class Magistrate Court-II, Kollam shall stand quashed. Sd/-V. RAMKUMAR, (JUDGE). ani /true copy/ P.S. to judge