IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 15TH JULY 2009 / 24TH ASHADHA 1931 Crl.MC.No. 2035 of 2009() ---------------------------------- CRIME NO.811/2007 OF NEELESHWAR POLICE STATION C.C. NO.1029/2008 OF JFCM-II, HOSDURG. PETITIONERS/ ACCUSED 1 TO 5: ------------------------------------------------ 1. SANIL K.V., AGED 29, YEARS, S/O.K.V.NARAYANAN, HOUSE NO.126, V.B.LAYOUT, 5HT CROSS, K.R.PURAM, BANGALORE-35. 2. K.V.NARAYANAN, AGED 59 YEARS, SANSAR, THALIYIL, KALLYASSERY P.O., KANNUR. 3. PREMASUDHA, AGED 52 YEARS, W/O.K.V.NARAYANAN, SANSAR, THALIYIL, KALLASSERY P.O., KANNUR. 4. ANIL KUMAR M.V., 10/2A, SITE#1, FLAT #2, BEHIND GOLDEN CORNER APARTMENT, BALANTHUR GATE, SARJAPURA ROAD, BANGALORE-34. 5. SARIKA ANIL, W/O.ANIL KUMAR, 10/2A, SITE #1, FLAT#2, BEHIND GOLDEN CORNER APARTMENT, BALANTHUR GATE, SARJAPURA ROAD, BANGAORE-34. BY ADV. SRI.T.MADHU RESPONDENTS/ COMPLAINANTS: ----------------------------------------------- 1. THE STATION HOUSE OFFICER, NEELESHWAR POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SIJILA.J., AGED 28 YEARS, D/O.V.JANARDANAN, CHOYAMKODE, CHAYYOTH P.O., HOSDURG TALUK, KASARAGOD DISTRICT. SRI. AMJAD ALI, PUBLIC PROSECUTOR ADV. SRI. SAIN PAUL .A. THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 15/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M. SASIDHARAN NAMBIAR, J. ------------------------------------- Crl. M.C. No.2035 of 2009 ------------------------------------ Dated this the 15th day of July, 2009 O R D E R The first petitioner and the second respondent are husband and wife. The petitioners 2 and 3 are the parents of the first petitioner and petitioners 5 and 4 are his sister and brother-in- law. Petitioners are the accused in Crime No.811/2007 of Neeleshwar Police Station now pending as CC No.1029/2008 on the file of the Judicial First Class Magistrate's Court- II, Hosdurg, taken cognizance by the learned Magistrate on Annexure 3 final report for the offence under Section 498A of the Indian Penal Code. Police investigated the case on forwarding Annexure 1 complaint by the learned Magistrate under Section 156(3) of the Code of Criminal Procedure filed by the second respondent. This petition is filed to quash the proceedings contending that there was an amicable settlement of the dispute between the petitioners and the second respondent. Annexure 4 copy of the agreement dated 7/06/2008 is produced to prove that there was amicable settlement. 2. Second respondent appeared through a counsel and Crl. M.C. No.2035/ 2009 Page numbers an affidavit is also filed by the second respondent stating that disputes with the petitioners are amicably settled and she has no objection for quashing the proceedings in view of the settlement. 3. The learned counsel appearing for the petitioners, the second respondent and the learned Public Prosecutor were heard. 4. The case of the petitioners is that subsequent to the filing of the complaint, there was settlement of the dispute between the petitioners and the second respondent and pursuant to the settlement second respondent is not interested to proceed the case. It shows that second respondent after receiving her entire claim from the first petitioner husband has decided to live separately and also agreed not to proceed with the case. It is on that basis, the second respondent filed affidavit that she has no objection to quash the proceedings. 5. When the defacto complainant herself is not willing to proceed with the case even if petitioners are tried in the case, there is no chance of a successful prosecution. It would only result in unnecessary waste of valuable time of the Court. In such circumstances, it is not in the interest of justice to continue with Crl. M.C. No.2035/ 2009 Page numbers the proceedings. Petition is allowed. C.C. No.1029/2008 on the file of the Judicial First Class Magistrate's Court-II, Hosdurg as against the petitioners is quashed. M. SASIDHARAN NAMBIAR JUDGE scm