IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 21ST AUGUST 2009 / 30TH SRAVANA 1931 Crl.MC.No. 2768 of 2009() ----------------------------------- CC.466/2008 of JUDL.MAGISTRATE OF FIRST CLASS COURT, KOOTHUPARAMBA CR. NO.204/2008 OF KOOTHUPARAMBA POLICE STATION. .................... PETITIONER/ACCUSED -------------------------------- ISMAIL, S/O.ABOOBACKER, BUSINESS, KALATHIL HOUSE, MOORIYAD P.O., KOOTHUPARAMBA, THALASSERY TALUK, KANNUR DISTRICT. BY ADV. MR.CIBI THOMAS RESPONDENT/COMPLAINANT/STATE ------------------------------------------------------ 1. SUBAIDA, D/O.YOUSUF, FATHIMA MANZIL, EAST KADIRUR P.O., THALASSERY TALUK, KANNUR DISTRICT. 2. SUB INSPECTOR OF POLICE, KOOTHUPARAMBA POLICE STATION. 3. STATE, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R2 & R3 BY PUBLIC PROSECUTOR MR.S.U. NAZAR. R1 BY ADV. SMT.T.K.VANDANA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 21/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. M.SASIDHARAN NAMBIAR,J. ------------------------------------------ CRL.M.C.NO. 2768 OF 2009 ------------------------------------------ Dated 21st August 2009 O R D E R Petitioner is the accused and first respondent the defacto complainant in C.C.466/2008 on the file of Judicial First Class Magistrate, Koothuparamba. Learned Magistrate had taken cognizance for the offences under Sections 420 and 498 A of Indian Penal Code upon Annexure-II final report submitted by the Sub Inspector or Police, Koothuparamba after investigation. This petition is filed under Section 482 of Code of Criminal Procedure to quash the proceedings contending that the matrimonial disputes between the petitioner and first respondent were amicably settled and therefore, it is not in the interest of justice to continue the prosecution. First respondent appeared through a counsel and filed a joint petition along with the petitioner, stating that they have amicably settled the disputes and therefore the proceedings is to be quashed. CRMC 2768/09 2 2. Learned counsel appearing for petitioner and first respondent and learned Public Prosecutor were heard. 3. Petitioner is facing trial for the offences under Sections 498 A and 420 of Indian Penal Code. Being matrimonial offence and connected offence, which are purely personal in nature as against first respondent and the matrimonial dispute was settled amicably between the parties, as held by the Apex court in B.S.Joshi and others v. State of Haryana and another (2003(4) SCC 675) it is not in the interest of justice to proceed with the prosecution. When consequent to the settlement chance of a successful prosecution is very bleak no purpose will be served by undergoing the ordeal of a trial. Petition is allowed. C.C.466/2008 on the file of Judicial First Class Magistrate, Koothuparamba is quashed. M.SASIDHARAN NAMBIAR, JUDGE. uj. CRMC 2768/09 3