IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 26TH FEBRUARY 2008 / 7TH PHALGUNA 1929 Crl.MC.No. 785 of 2008() ------------------------ CC.726/2007 of JUDL. MAGISTRATE OF FIRST CLASS COURT, KUNNAMKULAM .................... PETITIONER: ACCUSED NO.1 TO 4 ------------------------------------------------------- 1. SALEEM, S/O. ALI, POTTA HOUSE, PARAPPUR DESOM, THOLUR VILLAGE, THRISSUR TALUK. 2. SHEKKEER, S/O. ALI, POTTA HOUSE, PARAPPUR DESOM, THOLUR VILLAGE, THRISSUR TALUK. 3. SHAJITHA, D/O. ALI, POTTA HOUSE, PARAPPUR DESOM, THOLUR VILLAGE, THRISSUR TALUK. 4. ALI, POOKUNNATH HOUSE, PARAPPUR DESOM, THOLUR VILLAGE, THRISSUR TALUK. BY ADV. SRI.P.VIJAYA BHANU SRI.P.M.RAFIQ RESPONDENTS: DEFACTO COMPLAINANT AND STATE 1. THAHIRA, D/O. ABU, NALAKATHU HOUSE, PERUMANNU AMSOM, KECHERI DESOM, ERNANELLUR VILLAGE, THALAPPILLY TALUK. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 26/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. = = = = = = = = = = = Crl.M.C.No.785 of 2008 = = = = = = = = = = = = = = Dated this the 26th day of February, 2008 O R D E R The petitioners are the accused in C.C.No.726 of 2007. on the file of J.F.C.M, Kunnamkulam for an offence punishable under Section 498A IPC. 2. In light of the subsequent settlement of the dispute between the marital partners, the petitioners have approached this Court for quashing the said proceedings 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. Even though the offence under Section 498A I.P.C is not compoundable, in the light of the decision of the Apex Court in B.S.Joshi vs. 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 and C.C.No.726/2007 pending before the Judicial First Class Magistrate Court, Kunnamkulam, shall stand quashed. (V.RAMKUMAR, JUDGE) sj Crl.M.C.No./07 2 Crl.M.C.No./07 3