IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 27TH MAY 2010 / 6TH JYAISHTA 1932 Crl.MC.No. 1438 of 2010() ------------------------- CC.1152/2009 of JUDL. MAGISTRATE OF FIRST CLASS, MALAPPURAM .................... PETITIONER(S): PETITIONERS/ACCUSED. ----------------------------------- 1. MUHAMMED, S/O. ABOOBACKER, KOORIMANNIL PATTIYIL HOUSE, MANKADA AMSOM, VALLIKKAPATTA, MALAPPURAM DISTRICT. 2. SULAIKA, W/O. ABOOBACKER, KOORIMANNIL PATTIYIL HOUSE, MANKADA AMSOM, VALLIKKAPATTA, MALAPPURAM DISTRICT. 3. AMINA, W/O. ABOOBACKER, KOORIMANNIL PATTIYIL HOUSE, MANKADA AMSOM, VALLIKKAPATTA, MALAPPURAM DISTRICT. 4. SHEREEFA, W/O. ABOOBACKER, KOORIMANNIL PATTIYIL HOUSE, MANKADA AMSOM, VALLIKKAPATTA, MALAPPURAM DISTRICT. BY ADV. SRI.U.K.DEVIDAS RESPONDENT(S): COMPLAINANT/STATE. --------------------------------- 1. AYISHA SHAMNA, AGED 21 YEARS, D/O. MUHAMMED, PUTHUPARAMBIL EDAKANDATH HOUSE, THENNALA AMSOM, EDARIKKODE DESOM, MALAPPURAM DIST. 2. STATE OF KERALA, REPRESENTED BY THE S.I. OF POLICE, MALAPPURAM THORUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. SRI.PRINSUN PHILIP FOR R1 BY PUBLIC PROSECUTOR MR.S.U.NAZER THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 27/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = Crl.M.C.No.1438 of 2010 = = = = = = = = = == Dated: 27th day of May, 2010 ORDER Petitioners, who are accused in C.C. No.1152/2009 on the file of the J.F.C.M.Court, Malappuram, for an offence punishable under Sec. 498A I.P.C. 2. In the light of the subsequent settlement of the dispute between the marital parties, 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 parties, 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 premature termination of the prosecution. Crl.M.C.No.1438 of 2010 2 Accordingly, this Criminal Miscellaneous Case is allowed. C.C.No.1152/2009 pending before the Judicial First Class Magistrate Court, Malappuram shall stand quashed. V. RAMKUMAR, (JUDGE). dmb