IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 19TH MAY 2010 / 29TH VAISAKHA 1932 Crl.MC.No. 1719 of 2010() ------------------------- CC.460/2007 of JUDL. MAGISTRATE OF FIRST CLASS COURT-I, NEDUMANGAD .................... PETITIONER(S): A1 TO A3 ----------------------- 1. SHAJI, AGED 35 YEARS, (A1), S/O.ABDUL RAZAK, SHAMNAD MANZIL, THEMPAMOODU, KIZHAKKEKONATHU, MANIKAN MURI, PULLAMPARA VILLAGE, THIRUVANANTHAPURAM DISTRICT. 2. ABDUL RAZAK, AGED 63 YEARS, (A2), S/O.MUHAMMED KUNJU, SHAMNAD MANZIL,THEMPAMOODU, KIZHAKKEKONATHU, MANIKAN MURI, PULLAMPARA VILLAGE, THIRUVANANTHAPURAM DISTRICT. 3. BEEVI KUNJU, AGED 58 YEARS (A3), D/O.ASUMA BEEVI, SHAMMAD MANZIL, THEMPAMOODU, KIZHAKKEKONATHU, MANIKAN MURI, PULLAMPARA VILLAGE,THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.SHAJIN S.HAMEED RESPONDENT(S): STATE & CW1 -------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SOJI, AGED 29 YEARS,(CW1), D/O.RAHIYANATHU, PANAVILAKOM VEEDU, MADANVILA, PERUMATHURA, AZHOOR VILLAGE, THIRUVANANTHAPURAM. ADV. SRI.K.K.DHEERENDRAKRISHNAN FOR R2 PUBLIC PROSECUTOR SRI. C.S.HRITHIK THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 19/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J ----------------------- Crl.M.C No.1719 OF 2010 -------------------------------- Dated this the 19th day of May 2010 ORDER Petitioners, who are the husband, father-in-law and mother-in-law of the de facto complainant are the accused in C.C. No.460/2007 on the file of the J.F.C.M.Court-I, Nedumangad for an offence punishable under Sec. 498(A) read with 34 of 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. Crl.M.C No.1719 OF 2010 Page numbers 4. Accordingly, this Criminal Miscellaneous Case is allowed. C.C.No.460/2007 pending before the Judicial First Class Magistrate Court-I, Nedumangad shall stand quashed. Sd/- V.RAMKUMAR JUDGE //True Copy// P.A to Judge vdv