IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 17TH JUNE 2010 / 27TH JYAISTHA 1932 Crl.MC.No. 2128 of 2010() ------------------------------------- CC.65/2010 of CHIEF JUDICIAL MAGISTRATE COURT, KASARAGOD CRIME NO.714/2009 OF KASARAGOD POLICE STATION. .................... PETITIONERS/ACCUSED 1 & 2 -------------------------------------------- 1. LATHEEF AHAMMED HAJI @ ABDUL LATHEEF, AGED 38 YEARS, S/O.MUHAMMED KUNHI, RESIDING AT ZEENATH MANZIL, KHAZI LANE, THALANGARA, KMC 14/85, THALANGARA, KASARAGOD TALUK & DISTRICT. 2. SAKHEENA KALLATRA, W/O.MUHAMMED KUNHI, AGED 60 YEARS, RESIDING AT ZEENATH MANZIL, KHAZI LANE, THALANGARA, KMC 14/85, THALANGARA, KASARAGOD TALUK & DISTRICT. BY ADV. SRI.T.MADHU RESPONDENTS/STATE & DEFACTO COMPLAINANT ---------------------------------------------------------------------------- 1. THE STATION HOUSE OFFICER, KASARAGOD POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. B.A. SAJIDA, AGED 30 YEARS, W/O.LATHEEF AHAMMED HAJI, ANWAR MANZIL, JADEED ROAD, BANGOD, THALANGARA VILLAGE AND POST, KASARAGOD DISTRICT. NOW RESIDING AT ZEENATH MANZIL KHAZI LANE, THALANGARA, KMC 14/85, THALANGARA, KASARAGOD TALUK & DISTRICT. R1 BY PUBLIC PROSECUTOR C.M. KAMMAPPU R2 BY ADV. SMT.SHAMSEERA. C.ASHRAF. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 17/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. V.RAMKUMAR, J. ------------------------------------- Crl.M.C.No.2128 of 2010 -------------------------------------- Dated this the 17th day of June, 2010 ORDER Petitioners, are the husband and mother-in-law of the 2nd respondent are the accused in C.C.No.65/2010 on the file of the Chief Judicial Magistrate Court for offences punishable under Sections 323, 341, 427, 498A & 506(ii) read with Section 149, 494 & 109 I.P.C. 2. In the light of the subsequent settlement of the dispute between the marital parties, 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 parties, continuance of the criminal prosecution against the petitioners is an avoidable irritant. 3. Eventhough the offences under Sections 323, 341, 427, 498A & 506(ii) read with Section 149, 494 & 109 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 Crl.M.C.No.2128/2010 : 2 : Cr.P.C. can be invoked by this Court to bring about premature termination of the prosecution. Accordingly, this Criminal Miscellaneous Case is allowed. C.C.No.65/2010 pending before the Chief Judicial Magistrate Court, Kasaragod shall stand quashed. V.RAMKUMAR, JUDGE skj