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. 1959 of 2010() ------------------------- CC.1020/2009 of JUDL. MAGISTRATE OF FIRST CLASS, KASARAGOD CRIME NO.192/2009 OF BADIADKA POLICE STATION .................... PETITIONER(S): ACCUSED ------------------------------------------- 1. MR.AHAMED SAKEER (A1), S/O. MUHAMMED, R/AT FOUZIYA MANZIL, K.K.HOUSE, KUMBALA, KASARAGOD DISTRICT. 2. JAMEELA, D/O. MUHAMMED, R/AT FOUZIYA MANZIL, K.K.HOUSE, KUMBALA, KASARAGOD DISTRICT. 3. RAFEEQ, S/O. MUHAMMED, R/AT FOUZIYA MANZIL, K.K.HOUSE, KUMBALA, KASARAGOD DISTRICT. BY ADV. SRI.T.B.SHAJIMON SMT.GOVINDU P.RENUKADEVI RESPONDENT(S): STATE -------------------------------------- 1. NAFEESATH MISIRIYA, D/O. MUHAMMED, R/AT MUNGITHUKKA HOUSE, MUGU VILLAGE, KASARAGOD. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. SRI.SIJU MATHEW FOR R1 PUBLIC PROSECUTOR SRI.C.M.NAZAR 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.1959 of 2010 = = = = = = = = = = = = = = = = == Dated: 04.06.2010 ORDER Petitioner, who is the husband, of the de facto complainant is the 1st accused in C.C. No.1020 of 2009 on the file of the J.F.C.M, Kasaragod for an offence punishable under Sec. 498A I.P.C. 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. C.C.No.1020/2009 pending before the Judicial First Class Magistrate Court, Kasaragod shall stand quashed. V. RAMKUMAR, (JUDGE). sj