IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 16TH AUGUST 2010 / 25TH SRAVANA 1932 Crl.MC.No. 3206 of 2010() ------------------------- CC.242/2010 of JUDL. MAGISTRATE OF FIRST CLASS COURT, PONNANI .................... PETITIONER(S): PETITIONERS/ACCUSED 1 TO 8. ------------------------------------------ 1. P.V.HANEEFA, S/O.ABDULLAKUTTY, AGED 39 YEARS, PUTHENPURAYIL VEEDU, NEAR AMLP SCHOOL,PALLAPRAM, PONNANI. 2. ABDULLAKUTTY, PUTHENPURAYIL VEEDU,NEAR AMLP SCHOOL, PALLAPRAM, PONNANI. 3. SAINABA, PUTHENPURAYIL VEEDU, NEAR AMLP SCHOOL, PALLAPRAM, PONNANI. 4. SIDHIQUE,PUTHENPURAYIL VEEDU, NEAR AMLP SCHOOL, PALLAPRAM, PONNANI. 5. GAFOOR,PUTHENPURAYIL VEEDU, NEAR AMLP SCHOOL, PALLAPRAM, PONNANI. 6. BEEVI,PUTHENPURAYIL VEEDU, NEAR AMLP SCHOOL, PALLAPRAM, PONNANI. 7. FATHIMA,PUTHENPURAYIL VEEDU, NEAR AMLP SCHOOL, PALLAPRAM, PONNANI. 8. LATHIEF, MUKRI,CHANTHAPPADI PALLI, NEAR AMLP SCHOOL, PALLAPRAM, PONNANI. BY ADV. SRI.K.S.MANU (PUNUKKONNOOR) SRI.P.SREEKUMAR Crl.MC.No. 3206 of 2010 :2: RESPONDENT(S): RESPONDENT/DEFACTO COMPLAINANT/RESPONDENT. --------------------------------------------------------- 1. KADEEJA,PUTHUKKATIL HOUSE,PURAND P.O., VELLAMAKKAL PARAMB, PONNANI TALUK,MALAPPURAM. 2. STATE OF KERALA REPRESENTED BY THE DIRECTOR GENERAL OF PROSECUTION,HIGH COURT OF KERALA, ERNAKULAM. ADV. SRI.M.SURESH KUMAR FOR R1 BY PUBLIC PROSECUTOR MR.KAMMAPPU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 16/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = Crl.M.C.No.3206 OF 2010 = = = = = = = = = = == Dated: 16th day of August, 2010 ORDER Petitioners, who are accused Nos.1 to 8 in C.C.No.242/2010 on the file of the J.F.C.M Court, Ponnani 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. Crl.M.C.No.3206 OF 2010 2 Accordingly, this Criminal Miscellaneous Case is allowed. C.C.No.242/2010 pending before the Judicial First Class Magistrate Court, Ponnani shall stand quashed. V. RAMKUMAR, (JUDGE). dmb