IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 26TH MAY 2010 / 5TH JYAISHTA 1932 Crl.MC.No. 1798 of 2010() ------------------------- CC.25/2010 of CHIEF JUDICIAL MAGISTRATE, KASARAGOD .................... PETITIONER(S): ------------------------ 1. ABDULRAHIMAN, S/O. AHAMMED, SHAFI MANZIL DESHANKULAM, BADRADKA, KASARGOD TALUK & DISTRICT. 2. AHAMMED, SHAFI MANZIL,DESHANKULAM BADRADKA, KASARGOD TALUK & DISTRICT. 3. NAFEESA, W/O. AHAMMED,SHAFI MANZIL, DESHANKULAM, BADRADKA, KASARGOD TALUK & DISTRICT. 4. ZAINABA, SHAFI MANZIL,DESHANKULAM, BADRADKA, KASARGOD TALUK & DISTRICT. BY ADV. SRI.P.V.KUNHIKRISHNAN SRI.HANSON.P.MATHEW RESPONDENT(S): -------------------------- 1. FATHIMATH NIZHANA, D/O. ABDULLA KUNHI, AYSHA MANZIL NEAR UMA NURSING HOME, IZZATH NAGAR, CHOORI, KASARGOD TALUK & DISTRICT. 2. STATE OF KERALA REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.S.U.NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 26/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = = = = = = Crl.M.C.No.1798 of 2010 = = = = = = = = = = = = = = = = == Dated: 26.05.2010 ORDER Petitioners are the accused in C.C. No. 25 of 2010 on the file of the CJM, 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 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.25 of 2010 pending before the Chief Judicial Magistrate, Kasaragod shall stand quashed. V. RAMKUMAR, (JUDGE). sj