IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 19TH AUGUST 2010 / 28TH SRAVANA 1932 Crl.MC.No. 3524 of 2010() ----------------------------------------- CC.930/2008 of JUDL. MAGISTRATE OF FIRST CLASS COURT, PARAPPANANGADI .................... PETITIONER(S): ----------------------- 1. YASAR ARAFAT, S/O.BEERAN, KUNNATH HOUSE, PARAPPANANGADI P.O, ANJAPURAM, MALAPPURAM. REP. BY P.A.HOLDER SAKKINA W/O.BEERAN -DO- DO 2. BEERAN, S/O.MOHAMMED, KUNNATH HOUSE, PARAPPANANGADI P.O, ANJAPURAM, MALAPPURAM. 3. SAINA @ SEKKINA, W/O.BEERAN, KUNNATH HOUSE, PARAPPANANGADI A ANJAPURAM, MALAPPURAM. 4. ABIDA W/O.JAMSHEER, KUNNATH HOUSE, PARAPPANANGADI AMSOM, ANJAPURAM, MALAPPURAM. BY ADV. SRI.C.V.MANUVILSAN PUBLIC PROSECUTOR SRI.KAMMAPPU Crl.MC.No. 3524 of 2010() 2 RESPONDENT(S): --------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. 2. JABNA, AGED 22 YEARS D/O.ABOOBACKER, RESIDING AT CHEKKUMARAKKARAKATHU THARAMMAL HOUSE, JANATHA BAZAR, CHAKKARAMMOOLA, MALAPPURAM- 676 109. PUBLIC PROSECUTOR SRI.KAMMAPPU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 19/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = = = = = = Crl.M.C.No.3524 of 2010 = = = = = = = = = = = = = = = = == Dated: 19.08.2010 ORDER Petitioners, who are the accused in C.C. No.930/2008 on the file of the J.F.C.M, Parappanangadi for an offence punishable under Sec. 498A I.P.C, seek to quash the proceedings against them on the ground that the marital partners have subsequently settled their disputes. 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.930/2008 pending before the Judicial First Class Magistrate Court, Parappanangadi shall stand quashed. V. RAMKUMAR, (JUDGE). sj