IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 7TH JUNE 2010 / 17TH JYAISTHA 1932 Crl.MC.No. 1972 of 2010() ------------------------- CC.1258/2009 of JUDL.MAGISTRATE OF FIRST CLASS-II, KOLLAM .................... PETITIONER(S): ------------------------- 1. SHAJAHAN, S/O.PAREETHKUNJU AGED 32 YEARS,SHAJAHAN MAZIL, MUKHATHALA, KOLLAM. 2. HAMSATH W/O. PAREETHKUNJU OF DO..DO... 3. SEENATH, D/O.PAREETHKUNJU OF DO...DO... BY ADV. SRI.K.S.MANU (PUNUKKONNOOR) SRI.P.SREEKUMAR RESPONDENT(S): ------------------------- 1. SAJEENA PUTHEZHIKAM VEEDU, UMAYANALLOOR, MYLAPPOOR, THAZHUTHALA,KOLLAM. 2. STATE OF KERALA, THE DIRECTOR GENERAL OF PROSECUTION HIGH COURT OF KERALA, ERNAKULAM. ADV. SRI.M.SURESH KUMAR FOR R1 PUBLIC PROSECUTOR SRI.S.U.NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 07/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = = = = = = Crl.M.C.No.1972 of 2010 = = = = = = = = = = = = = = = = == Dated:07.06.2010 ORDER Petitioners are the accused in C.C. No.No.1258 of 2010 on the file of the J.F.C.M-II, Kollam for offences punishable under Sec. 498A read with 34 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.1258 of 2009 pending before the Judicial First Class Magistrate Court-II, Kollam shall stand quashed. V. RAMKUMAR, (JUDGE). sj