IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 22ND JUNE 2010 / 1ST ASHADHA 1932 Crl.MC.No. 1300 of 2010() ------------------------- CC.955/2009 of JUDL.MAGISTRATE OF FIRST CLASS COURT-II, PALAKKAD .................... PETITIONER(S): ACCUSED ---------------------- 1. ABDUL KHADER,S/O.MARAKKAR,NOORJAHAN MANZIL,MANNAM,N.PARAVUR. 2. MARIYAM BEEVI,W/O.MARAKKAR, NOORJAHAN MANZIL,MANNAM,N.PARAVUR. 3. SHAMSUDHIN,S/O.MARAKKAR,NOORJAHAN MANZIL,MANNAM,N.PARAVUR. BY ADV. SRI.AMJAD ALI RESPONDENT(S): STATE/COMPLAINANT -------------------------------- 1. STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, REPRESENTING STATION HOUSE OFFICER, KONGAD POLICE STATION, PALAKKAD. 2. BALKEES,D/O.MOIDEEN KUTTY,THAYYIL HOUSE,MUNDOOR, PALAKKAD. PUBLIC PROSECUTOR MR.KAMMAPPU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 22/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: dmb V. RAMKUMAR, J. = = = = = = = = = = Crl.M.C.No.1300 of 2010 = = = = = = = = = = == Dated: 22nd day of June, 2010 ORDER Petitioners, who are the accused Nos.1 to 3 in C.C. No. 955/2009 on the file of the J.F.C.M. Court-II, Palakkad, for an offence punishable under Sec. 498A I.P.C, seek to quash the proceedings against them on the ground that the marital partners have subsequently settled their disputes. 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. Crl.M.C.No.1300 of 2010 2 Accordingly, this Criminal Miscellaneous Case is allowed. C.C.No.955/2009 pending before the Judicial First Class Magistrate Court-II, Palakkad shall stand quashed. V. RAMKUMAR, (JUDGE). dmb