IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 30TH SEPTEMBER 2009 / 8TH ASWINA 1931 Crl.MC.No. 3112 of 2009 --------------------------------------- CC.418/2008 of JUDL.MAGISTRATE OF FIRST CLASS COURT, THIRUVALLA .................... PETITIONERS/ACCUSED 1 TO 7: 1. VARGHESE MATHEW @ SHINU, AGED 33, S/O.M.T.MATHAI, MELEKUTTU, ANIKAD, MALLAPPALLY. 2. ALIEYAMA MATHAI, AGED 68, W/O.M.T.MATHAI, DO. DO. 3. M.T.MATHAI, AGED 70, S/O.LATE THOMAS, DO. DO. 4. SHIBU MATHEW, AGED 37, S/O.M.T.MATHAI, DO. DO. 5. SHIJU MATHEW (MATHEW PHILIP), AGED 33, DO. DO. 6. DIMPLE MATHEW, (DIMPLE SHIJU), AGED 29, W/O.SHIJU MATHEW, DO. DO. 7. BINDU SHIJU, (BIJI SHIBU), AGED 33, W/O.SHIJU MATHEW, DO. DO. BY ADV. SRI.JOSEPH GEORGE RESPONDENTS/COMPLAINANT AND STATE: 1. BINNY MAMACHAN, AGED 29, D/O.K.MAMACHAN, RESIDING AT 72/N, SECTOR - 4, PUSHPAVIHAR, M.B.ROAD, NEW DELHI-110 017. 2. STATE OF KERALA, REP. BY THE S.I OF POLICE, KEEZHVAIPUR POLICE STATION, PATHANAMTHITTA DIST. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY ADV. SRI.UNNI. K.K. (EZHUMATTOOR) FOR R1 BY PUBLIC PROSECUTOR SRI.S.U.NAZAR FOR R2 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 30/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.3112 of 2009 -------------------------- ORDER Petitioners are the accused and first respondent, the defacto complainant in C.C.No. 418/2008 on the file of Judicial First Class Magistrate's Court, Thiruvalla, taken cognizance for the offences under Sections 498A, 323 and 294 (b) read with Section 34 of Indian Penal Code. First petitioner is the husband of the first respondent. This petition is filed under Section 482 of Code of Criminal Procedure to quash the proceedings contending that entire matrimonial disputes between the parties were amicably settled and therefore, it is not in the interest of justice to continue with the prosecution. 2. First respondent appeared through a counsel. Petitioners, along with the first respondent filed Crl.M.Appl.No.5335/2009 for permission to compound the offences stating that entire disputes were CRMC 3112/2009 2 amicably settled between the parties and first respondent has filed the complaint before National Women's Commission due to mistake of facts, which was repeated in the statement submitted before the police and first respondent has no complaint against the petitioners and in such circumstances, the offences alleged are to be compounded. 3. Learned counsel appearing for the petitioners, first respondent and learned Public Prosecutor were heard. 4. Offences under Sections 498A and 294(b) of Indian Penal Code are not compoundable under Section 320 of Code of Criminal Procedure. Therefore, permission to compound the offences cannot be granted. But, as held by the Apex Court in B.S.Joshi v. State of Haryana ((2003) 4 SCC 675), when the matrimonial disputes were amicably settled between the parties, it is not in the interest of justice to continue with the prosecution. When there was an amicable settlement CRMC 3112/2009 3 of the disputes between the parties, chance of a successful prosecution is very bleak and it would result only in unnecessary waste of valuable time of the court. In such circumstances, it is not in the interest of justice to continue with the prosecution. Petition is allowed. C.C.No.418/2008 on the file of Judicial First Class Magistrate's Court, Thiruvalla as against the petitioners is quashed. 30th September, 2009 (M.Sasidharan Nambiar, Judge) tkv