IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 25TH MAY 2010 / 4TH JYAISHTA 1932 Crl.MC.No. 1795 of 2010() ------------------------- CC.581/2009 of JUDL. MAGISTRATE OF FIRST CLASS-II, PERAMBRA .................... PETITIONER(S): ACCUSED ----------------------------------------- 1. MUJEEB, S/O.MOIDY, AGED 30 YEARS, KUNIYIL HOUSE, MODAKKALOOR AMSOM, THERAYI DESOM, ATHOLI POST, KOYILANDY, KOZHIKODE DISTRICT. 2. ALIKOYA, S/O.MAMMAD KOYA, AGED 51 YEARS, FATHIMAS HOUSE, K.M.K.JUNCTION, PARAVOOR, ALUVA POST, ERNAKULAM DISTRICT. BY ADV. SMT.BINDU GEORGE RESPONDENT(S): STATE & DEFACTO COMPLAINANT --------------------------------------------------------------------------------------- 1. THE STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING SUB INSPECTOR OF POLICE, KOTTAKKAL POLICE STATION. 2. SHARBEENA, D/O.KUNHIRAYIN, MEETHALE VEETTIL, KUNNATHARA AMSOM, PUTHURVATTOM DESOM, ATHOLI POST, KOYILANDY, KOZHIKODE DISTRICT. ADV. SMT.K.K.PREETHA FOR R2 PUBLIC PROSECUTOR SRI.C.S.HRITHWICK THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 25/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = = = = = = Crl.M.C.No.1795 of 2010 = = = = = = = = = = = = = = = = == Dated:25.05.2010 ORDER Petitioners, are the accused in C.C. No.581 of 2009 on the file of the J.F.C.M-II, Perambra for offences 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.581 of 2009 pending before the Judicial First Class Magistrate Court-II, Perambra shall stand quashed. V. RAMKUMAR, (JUDGE). sj