IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 30TH JULY 2010 / 8TH SRAVANA 1932 Crl.MC.No. 3048 of 2010() ------------------------- CC.750/2008 of JUDL.MAGISTRATE OF FIRST CLASS, AMABALAPUZHA .................... PETITIONER(S): ACCUSED ------------------------------------------- 1. SAFEED,42 YEARS, S/O.RAZAK,PUTHENVEETTIL, ZACHARIA WARD,ALAPPUZHA. 2. ABDUL RAZAK,AGED 68 YEARS, S/O.HASSAN BAVA, PUTHENVEETTIL, ZACHARIA WARD,ALAPPUZHA. 3. SADATH,AGED 31 YEARS, S/O.RAZAK,PUTHENVEETTIL, ZACHARIA WARD,ALAPPUZHA. 4. SAJITHA,AGED 36 YEARS,D/O.RAZAK, PUTHENVEETTIL, ZACHARIA WARD,ALAPPUZHA. BY ADV. SRI.E.RAFEEK RESPONDENT(S): --------------------------- 1. LEENA,AGED 31 YEARS,D/O.MUHAMMED KASIM, KARUTHEDATH,KARUMADY,AMBALAPPUZHA. 2. STATE OF KERALA,REP.BY PUBLIC PROSECUTOR HIGH COURT OF KERALA. ADV. SRI.GOKUL DAS V.V.H. PUBLIC PROSECUTOR SRI.KAMMAPPU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 30/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = = = = = = Crl.M.C.No.3048 of 2010 = = = = = = = = = = = = = = = = == Dated: 30.07.2010 ORDER Petitioners, who are the accused in C.C. No.750/2008 on the file of the J.F.C.M, Ambalapuzha for an offence punishable under Sec. 498A read with 34 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. Accordingly, this Criminal Miscellaneous Case is allowed. C.C.No.750/2008 pending before the Judicial First Class Magistrate Court, Ambalapuzha shall stand quashed. V. RAMKUMAR, (JUDGE). sj