IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 27TH MAY 2010 / 6TH JYAISHTA 1932 Crl.MC.No. 1804 of 2010() ------------------------- CC.251/2005 of JUDL.MAGISTRATE OF FIRST CLASS COURT, TIRUR .................... PETITIONER(S): ACCUSED: ------------------------------------------- 1. PANATHODIYIL FASALU, S/O.KUNHIPOCKER, KOLAMANGALAM, VALANCHERY, MALAPPURAM DISTRICT. 2. PANATHODIYIL KUNHIPOCKER, S/O.KUNHEEDU, KOLAMANGALAM, VALANCHERY MALAPPURAM DISTRICT. 3. NASEEMA, W/O.KUNHIPOCKER, KOLAMANGALAM, VALANCHERY, MALAPPURAM DISTRICT. BY ADV. SRI.BABU S. NAIR SMT.M.T.SHEEBA RESPONDENT(S): STATE & DE FACTO COMPLAINANT: ---------------------------------------------------------------------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, VALANCHERY POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-31. 2. KAIPADATH SOUFEELA, D/O.MUHAMMED BAVA, KATTIPARUTHY, VALANCHERY, MALAPPURAM DISTRICT. PUBLIC PROSECUTOR SRI.S.U.NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 27/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = = = = = = Crl.M.C.No.1804 of 2010 = = = = = = = = = = = = = = = = == Dated: 27.05.2010 ORDER Petitioners, who are the accused in C.C. No.251 of 2005 on the file of the J.F.C.M, Tirur for an offence punishable under Sec. 498A 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.251 of 2005 pending before the Judicial First Class Magistrate Court, Tirur, shall stand quashed. V. RAMKUMAR, (JUDGE). sj