IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 11TH APRIL 2008 / 22ND CHAITHRA 1930 Crl.MC.No. 1651 of 2008 CRIME NO. 87/2008 OF NOORANAD POLICE STATION ------------------------- PETITIONER: ------------ SHAHULDHEEN, AGED 50 YEARS S/O. ISMAIL RAWTHER, THADATHIVILA VADAKKETHIL ADIKATTUKULANGARA, NOORANAD ALAPPUZHA DISTRICT. BY ADV. SRI.BIMAL K.NATH RESPONDENTS: ------------- 1. STATE OF KERALA REPRESENTED BY HE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNKAULAM. 2. NESLY S. AGED 38 YEARS W/O. SHAHULDHEEN THADATHILVILA VADAKKETHIL ADIKATTUKULNGARA, NOORANAD ALAPPUZHA DISTRICT. BY PUBLIC PORSECUTOR MR. M.S. BREEZE THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 11/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. = = = = = = = = = = = Crl.M.C.No. 1651 of 2008 = = = = = = = = = = = = = = Dated this the 11th day of April, 2008 O R D E R The petitioner, who is the husband of the de facto complainant, is the accused in Crime No.87/2008 of Nooranad police station for an offence punishable under Section 498A IPC. 2. In light of the subsequent settlement of the dispute between the marital partners, the petitioner has 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 petitioner is an avoidable irritant. The learned counsel appearing for the 2nd respondent/de facto complainant admitted that the marital dispute has since been settled between the marital parties. 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 Annexure-A1 F.I.R.in Crime No.87/2008 of Nooranad police station shall stand quashed. (V.RAMKUMAR, JUDGE) ks Crl.M.C.No./07 2 Crl.M.C.No./07 3 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007