IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 14TH JANUARY 2008 / 24TH POUSHA 1929 Crl.MC.No. 158 of 2008() ------------------------ PETITIONER: ACCUSED NO.1 ------------------------ AHAMMAD, S/O.MOHAMMEDKUNHI, ARAMANGANAM HOUSE, KALANAD VILLAGE, P.O.KALANAD. BY ADV. SMT.T.SUDHAMANI SRI. T. MADHU RESPONDENTS: STATE & DEFACT COMPLAINANT ------------------------------------------------------ 1. THE STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUMMAYYA, D/O.MUHAMMEDKUNHI HAJI, CHEMBARIKKA, KASARAGOD TALUK. BY ADV. SRI. K.S. SIVAKUMAR, PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 14/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. = = = = = = = = = = = Crl.M.C.No 158 of 2008 = = = = = = = = = = = = = = Dated this the 14th day of January, 2008 O R D E R The petitioner, who is the husband of the de facto complainant, is the accused in C.C.No. 155 of 2006 on the file of J.F.C.M-II, Hosdurg 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. The learned counsel appearing for the 2nd respondent wife also submitted that the matter has been settled between the marital partners. Having regard to the resolution of the disputes between the marital partners, continuance of the criminal prosecution against the petitioner 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.155/2006 pending before the Judicial First Class Magistrate Court-II, Hosdurg shall stand quashed. (V.RAMKUMAR, JUDGE) rv Crl.M.C.No./07 2 Crl.M.C.No./07 3 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007