IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 18TH AUGUST 2010 / 27TH SRAVANA 1932 Crl.MC.No. 3422 of 2010() ------------------------- CC.441/2007 of JUDL. MAGISTRATE OF FIRST CLASS COURT, PONNANI .................... PETITIONER(S): --------------- 1. USMAN,AGED 40 YEARS, S/O.ABDUL RAHIMAN,CHERU VALAPPIL HOUSE, PO PONNANI NAGARAM,MALAPPURAM. 2. SAFIYA,AGED 36 YEARS, W/O.KUNHUMON,CHERU VALAPPIL HOUSE, PO PONNANI NAGARAM,MALAPPURAM. 3. ABDUL SAMAD,AGED 45 YEARS, S/O.ABDUL REHMAN,CHERU VALAPPIL HOUSE, PO PONNANI NAGARAM,MALAPPURAM. BY ADV. SRI.C.V.MANUVILSAN SRI.P.K.KHALEEMUDHEEN SMT.K.VIDYA MANUVILSAN RESPONDENT(S): --------------- 1. THE STATE OF KEARLA REPRESENTED BY THE SI OF POLICE,PONNANI,THROUGH THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA. 2. NUSRATH,AGED 28 YEARS, D/O.ABDUL HAMEED,KHADEEJA MANZIL, ATTIYAMAKKANAKATH PUTHAN MALIYEKKAL,NARIPARAMBA PO MALAPPURAM BY PUBLIC PROSECUTOR MR.KAMMAPPU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = Crl.M.C.No.3422 OF 2010 = = = = = = = = = = == Dated: 18th day of August, 2010 ORDER Petitioners, who are accused Nos.1 to 3 in C.C.No.441/2007 on the file of the J.F.C.M. Court, Ponnani 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. Crl.M.C.No.3422 OF 2010 2 Accordingly, this Criminal Miscellaneous Case is allowed. C.C.No.441/2007 pending before the Judicial First Class Magistrate Court, Ponnani shall stand quashed. V. RAMKUMAR, (JUDGE). dmb