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. 2225 of 2010() ------------------------- CC.494/2008 of JUDL.MAGISTRATE OF FIRST CLASS, KOLENCHERRY .................... PETITIONER(S): ----------- 1. ABDUL SALAM E.A, AGED 33 YEARS S/O.ABDUL KHADER, IRIPPAKOTTIL HOUSE WARD NO.II , H.NO. 11/505-A PERINGALA PO, PALLIKKARA, KUNNATHUNADU VILLAGE. 2. NABEESA, W/O.ABDULKHADER AGED 60 YEARS, IRIPPAKOTTIL HOUSE WARD NO.II , H.NO. 11/505-A PERINGALA PO, PALLIKKARA, KUNNATHUNADU VILLAGE. 3. SAUDHA, W/O.ABBAS AGED 36 YEARS, THARAKATTIL VEEDU THAYIKATTUKARA, ALUVA. BY ADV. SRI.PAUL K.VARGHESE RESPONDENT(S): --------------- 1. S. I. OF POLICE AMBALAMEDU POLICE STATION,AMBALAMEDU. 2. SAREENA, AGED 26 YEARS D/O.B.M.KAREEM, MANGATTU HOUSE MUDIKKAL PO, MARAMPILLY VILLAGE, PERUMBAVOOR. 3. STATE REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. ADV. SRI.K.A.JALEEL FOR R2 PUBLIC PROSECUTOR SRI. C.S. HRITHICK THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 22/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ............................................ Crl.M.C.No. 2225 of 2010 .......................................... Dated: 22-6-2010 ORDER Petitioners, who are accused Nos. 1,3 and 4 in C.C. No. 494 of 2008 on the file of the Judicial First Class Magistrate Court, Kolencherry, 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. Accordingly, this Criminal Miscellaneous Case is allowed . C.C.No. 494 of 2008 pending before the Judicial First Class Magistrate Court, Kolencherry, shall stand quashed. Sd/-V. RAMKUMAR, /true copy (JUDGE). P.S. to Judge