IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 26TH MARCH 2008 / 6TH CHAITHRA 1930 Crl.MC.No. 1299 of 2008() ------------------------- CC.559/2007 of JUDL. MAGISTRATE OF FIRST CLASS, MALAPPURAM .................... PETITIONER: ACCUSED NOS.1,2 & DEFACTO COMPLAINANT ------------------------------------------------------------------------------------------------- 1. ALAVI, S/O.AHAMMED (LATE) CHALIL KIZHAKKETHALAPPIL HOUSE, ANAKKAYAM IRUMBUZHI, MALAPPURAM DISTRICT. 2. UMMER, S/O.KUNHALI KOORIMANNIL HOUSE, ANAKKAYAM, PANAYI MALAPPURAM DISTRICT. 3. ANEESA, D/O.KUTTOOSA M.P., PONMALA TIRUR TALUK, MALAPPURAM DISTRICT. BY ADV. SRI.BABU S. NAIR RESPONDENTS: STATE ----------------------------------- THE STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE MALAPPURAM POLICE STATION - THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM, KOCHI-31. BY PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 26/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. = = = = = = = = = = = Crl.M.C.No. 1299 of 2008 = = = = = = = = = = = = = = Dated this the 26th day of March, 2008 O R D E R Petitioners 1 and 2 are accused Nos.1 and 2 in Crime No.599/2004 and the said case is pending as C.C.No.559 of 2007 on the file of J.F.C.M, Malappuram for an offence punishable under Section 498A IPC. 3rd petitioner is the de facto complainant. 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 1st and 2nd 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.559/2007 pending before the J.F.C.M, Malappuram, shall stand quashed. (V.RAMKUMAR, JUDGE) sj Crl.M.C.No./07 2 Crl.M.C.No./07 3