IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 24TH JANUARY 2008 / 4TH MAGHA 1929 Crl.MC.No. 356 of 2008() ------------------------ CC.680/2003 of JUDL. MAGISTRATE OF FIRST CLASS-V, KOZHIKODE .................... PETITIONER: PETITIONERS ----------------------- 1. SIDDIQUE @ HARIS,AGED 32 YEARS S/O.MOIDEENKUNHU,PUTHIYAPURA, PALLIKANDI NAGARM AMSOM AND DESOM, KOZHIKODE TALUK. 2. MARIYAKUTTY,AGED 50 YEARS W/O.MOIDEENKUNHU MOIDEEN,PUTHIYAPURA, PALLIKANDI NAGARM AMSOM AND DESOM, KOZHIKODE TALUK. BY ADV. SRI.MANJERI SUNDERRAJ SRI.B.PREMNATH (E) RESPONDENTS: ------------- 1. STATE OF KERALA, REP. BY STATION HOUSE OFFICER,NALLALAM POLICE STATION CRIME NI.96 OF 2003 DATED 26/02/2003 NALLALAM MEECHANTHA,KOZHIKODE, REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. 2. MUNEERA,AGED 27 YEARS, D/O.KUNHALAN, K.P. HOUSE,OLAVANNA, NAGATHUMPADAM, OLAVANNA AMSOM AND DESOM KOZHIKODE TALUK. BY ADV. SRI.MOHAMMED HANEEF THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 24/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * Crl.M.C. No. 356 of 2008 * * * * * * * * * * * * * * * * * * Dated: 24-01-2008 ORDER Petitioners are accused Nos. 1 and 2 in C.C. No. 680 of 2003 on the file of the J.F.C.M. V, Kozhikode for offences punishable under Sections 406, 498 A read with Sec. 34 I.P.C. 2. In the light of the subsequent settlement of the dispute between the marital parties, the petitioner has approached this Court by invoking the powers under Section 482 Cr.P.C. The learned counsel for the 2nd respondent wife also admitted that the matter has been settled between the marital partners. 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 prosecution. Accordingly, this Criminal Miscellaneous Case is allowed. C.C. No. 680 of 2003 pending before the Judicial First Class Magistrate Court - V Kozhikode, shall stand quashed. V. RAMKUMAR, (JUDGE) ani ani.