IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 4TH JUNE 2010 / 14TH JYAISTHA 1932 Crl.MC.No. 1935 of 2010() ------------------------- CC.156/2008 of JUDL. MAGISTRATE OF FIRST CLASS-V, KOZHIKODE .................... PETITIONER(S): ACCUSED ---------------------- 1. MANSOOR, S/O. MAJEED, AGED 26 YEARS, NALAKATHU VEEDU,MORAMPARAMBIL,PANTHEERANKAVU, KOZHIKODE. 2. SUBAIDA, W/O. MAJEED, AGED 47 YEARS, NALAKATHU VEEDU,MORAMPARAMBIL,PANTHEERANKAVU, KOZHIKODE. 3. FASILA, W/O. ISMAIL, AGED 30 YEARS, NALAKATHU VEEDU,MORAMPARAMBIL,PANTHEERANKAVU, KOZHIKODE. BY ADV. SRI.R.SUDHISH SMT.M.MANJU RESPONDENT(S): STATE AND DEFACTO COMPLAINANT -------------------------------------------- 1. STATE OF KERLA, REPRESENTING S.I. OF POLICE, NALLALAM POLICE STATION, KOZHIKODE, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. RIFNA, AGED 27 YEARS, D/O. MUHAMMED, CHERANCHERRY HOUSE, PALAZHI DESOM, IRINGALLOOR, KOZHIKODE. ADV. SRI.K.R.RANJITH FOR R2 PUBLIC PROSECUTOR MR.C.M.NAZER THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 04/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = Crl.M.C.No.1935 of 2010 = = = = = = = = = == Dated: 4th day of June, 2010 ORDER Petitioners, who are accused Nos.1 to 3 in Crime No.83/2008 of Nallalam Police Station, for an offence punishable under Sec. 498A I.P.C. Now the case is pending before the Judicial First Class Magistrate Court-V, Kozhikkode as C.C.No.156/2008. 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 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 premature termination of the Crl.M.C.No.1935 of 2010 2 prosecution. Accordingly, this Criminal Miscellaneous Case is allowed. C.C.No.156/2008 pending before the Judicial First Class Magistrate Court-V, Kozhikkode shall stand quashed. V. RAMKUMAR, (JUDGE). dmb