IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 29TH JUNE 2010 / 8TH ASHADHA 1932 Crl.MC.No. 2328 of 2010() ------------------------- CMP.2736/2010 of JUDL.MAGISTRATE OF FIRST CLASS-II, KANJIRAPPALLY .................... PETITIONER(S): ACCUSED NOS. 1 AND 2 ------------------------------------------------------------------ 1. NAZAR.N @ ANSAR, AGED 43, VARAVUMALA HOUSE, THEKKETHU KAVALA P.O., CHIRAKADAVU VILLAGE, NOW RESIDING AT MULANKUZHIYIL, NEAR ATTUKAL SCHOOL, PANAVOOR P.O., VENJARAMMOODU, THIRUVANANTHAPURAM. 2. MYDEEN BEEVI, AGED 65, VARAVUMALA HOUSE, THEKKETHU KAVALA P.O., CHIRAKADAVU VILLAGE, NOW RESIDING AT MULANKUZHIYIL, NEAR ATTUKAL SCHOOL, PANAVOOR P.O., VENJARAMMOODU, THIRUVANANTHAPURAM. BY ADV. SRI.LIJI.J.VADAKEDOM RESPONDENT(S): DEFACTO COMPLAINANT AND STATE ------------------------------------------------------------------------------------------ 1. OMANA NAZAR, AGED 39, W/O.NAZAR, VARAVUMALA HOUSE, THEKKETHU KAVALA P.O., CHIRAKKADAVU VILLAGE. 2. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.KAMMAPPU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 29/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = = = = = = Crl.M.C.No.2328 of 2010 = = = = = = = = = = = = = = = = == Dated: 29.06.2010 ORDER Petitioners, who are accused Nos.1 and 2 in Crime No.212/2010 of Ponkunnam Police Station 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 petitioner has 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. Crime No.212/2010 of Ponkunnam Police Station shall stand quashed. V. RAMKUMAR, (JUDGE). sj