IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 17TH JANUARY 2008 / 27TH POUSHA 1929 Crl.MC.No. 230 of 2008() ------------------------ IN CRIME NO. 1025 OF 2006 OF KOLLAM POLICE STATION PETITIONERS: ------------ 1. SANEESH DIVAKARAN, AGED 31 YEARS, S/O.LATE SRI. C.V. DIVAKARAN, SMITHA HOUSE, CHAKKUNGAL ROAD, PALARIVATTOM, KOCHI -25 2. S.SUSEELA DEVI, AGED 65 YEARS W/O.LATE C.V. DIVAKARAN, SMITHA HOUSE,. CHAKKUNGAL ROAD, PALARIVATTOM, KOCHI -25 3. SMITHA MANOJ, AGED 33 YEARS, W/O.S.R. MANOJ SMITHA HOUSE, CHAKKUNGAL ROAD, PALARIVATTOM, KOCHI -25 BY ADV. SRI.BIMAL K.NATH SRI.S.JAMAL SRI.E.M.SUNIL KUMAR SRI.SREEVALSAN.V RESPONDENTS: ------------- 1. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 2. BABU RAJ, S/O. SANKARAN, THAMBURU, THEKKEVILA P.O. KOLLAM 3. BONNY B. RAJ, AGED 25 YEARS, D/O. BABURAJAN, THAMBURU, THEKKEVILA, P.O., KOLLAM BY PUBLIC PROSECUTOR SRI. K.S. SIVAKUMAR SRI.R.SURAJ KUMAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 17-01-2008, THE COURT ON 17/01/2008 PASSED THE FOLLOWING: V. RAMKUMAR, J ...................................... Crl.M.C. No. 230 of 2008 ...................................... Dated:17-01-2008 ORDER The petitioners who are son-in-law of the 2nd respondent/complainant , the mother and sister of the first petitioner respectively seek to quash Annexure – A1 f.I.R. in Crime No. 1025 of 2005 of Kollam East Police Station . Complaint in this case is a sequel to Crime No. 50 of 2006 of Palarivattom Police Station which was eventually registered as C.C. 4591 of 2006 before the J.F.C.M.I, Ernakulam, for an offence punishable under Section 498 A I.P.C. C.C. No. 4591 of 2005 was quashed by this Court pursuant to a settlement between the marital partners. Annexure A3 is the order dated 23-11-2007 in Crl.M.C. No. 3478 of 2007 by which this court quashed the proceedings in C.C. 4591 of 2006 pursuant to a settlement between the marital partners. As a corollary to the said order the present crime registered pursuant to the disputes between the marital partners also cannot survive. The learned counsel for the 2nd respondent /complainant also submitted that dispute in the present case is also been settled between the parties. Under these circumstances, I see no reason why this Court should not apply the decision in B.S. Joshy v. State of Haryana [AIR 2003 SC 1386] to terminate the proceedings so as to see that the matrimonial peace and harmony is restored between the marital partners and their relatives. Accordingly, the f.I.R. in Crime No. 1025 of 2005 of Kollam Police Station will stand quashed and all further proceedings thereafter also is hereby quashed. This Crl.M.C. is disposed of as above. V.RAMKUMAR, (JUDGE).