IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 25TH JANUARY 2008 / 5TH MAGHA 1929 Crl.MC.No. 383 of 2008() ------------------------ C.C. NO. 669 OF 2003 OF J.F.C.M. V., KOZHIKODE PETITIONER: ------------ 1. RIYAS MALIYEKKAL, AGED 26 YEARS, (D/B. 16-12-2980) S/O. KOCHALI, MALIYAKKAL, CHEMMANKANDI PARAMBU NALLALAM AMSOM DESON, CHALAT ROAD, NALLALAM BAZAR PERMANENTLY RESIDING AT MALIYEKKAL HOUSE, KOLLAMKANDY PARAMBA, MATHOTTAM P.O., ARAKKINAR KOZHIKODE DISTRICT, KERALA INDIA NOW ABROAD 2. SAMEEMA, W/O. NOOR MUHAMMED, NOOR MAHAL, BEHIND KARUNA HOSPITAL, CHERUVANNOOR, KOZHIKODE 3. SHABNA, AGED 24 YEARS, D/O. ABDUL MAJEED, VETTAYANGATTU PALLIYALI, FEROKE AMSOM NALLUR DESOM NOW RESIDING AT KOZHIKODAN VEEDU, SUGIRTHA NAGAR, VAYUR AMSOM, MALAPPURAM DISTRICT BY ADV. SRI.K.M.FIROZ RESPONDENTS: ------------- THE STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE NALLALAM POLICE STATION, KOZHIKODE REPRESENTED BY THEPUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM BY PUBLIC PROSECUTOR SRI.M.S. BREEZ THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 25-01-2008 , THE COURT ON 25/01/2008 PASSED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * Crl.M.C. No. 383 of 2008 * * * * * * * * * * * * * * * * * * Dated: 25-01-2008 ORDER Petitioners 1 and 2 who are the husband and sister respectively are the accused in C.C. No. 669 of 2003 on the file of the J.F.C.M., V, Kozhikode. 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 petitioners 1 and 2 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. Accordingly, this Criminal Miscellaneous Case is allowed. C.C. No. 669 of 2003 pending before the Judicial First Class Magistrate V, Kozhikode shall stand quashed. V. RAMKUMAR, (JUDGE) ani ani.