IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 29TH SEPTEMBER 2010 / 7TH ASWINA 1932 Crl.MC.No. 1131 of 2010() -------------------- CC.560/2010 OF JUDL. FIRST CLASS MAGISTRATE COURT, IRINJALAKUDA CRIME NO. 26/10 OF IRINJALAKUDA POLICE STATION, THRISSUR .................. PETITIONER(S): --------------------- 1. DEEPAK A.D., AGED 27 YEARS, SON OF SRI.DEVADASAN, PERMANENT RESIDENT OF AYYANCHIRA HOUSE, KORUMBISSERY, MARIYAMMAN KOVIL ROAD, IRINJALAKUDA. 2. DEVADASAN, AGED 57 YEARS, SON OF SRI.RAMAN, RESIDING AT AYYANCHIRA HOUSE, KORUMBISSERY, MARIYAMMAN KOVIL ROAD, IRINJALAKUDA. 3. SMT.USHA, AGED 50 YEARS, WIFE OF SRI.DEVADASAN, RESIDING AT AYYANCHIRA HOUSE, KORUMBISSERY, MARIYAMMAN KOVIL ROAD, IRINJALAKUDA. BY ADVS. SRI.ANIL S.RAJ SMT.K.N.RAJANI SRI.RADHIKA RAJASEKHARAN P. SMT.ANILA PETER SMT.BEENA DEVASSY RESPONDENT(S): --------------- 1. STATE OF KERALA REPRESENTED BY SUB INSPECTOR OF POLICE, IRINJALAKUDA STATION, TRICHUR DISTRICT BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SMT.SIMI, AGED 28 YEARS, DAUGHTER OF SRI.RAMACHANDRAN, RESIDING AT KARUMATTHIKULAM HOUSE VADAVANOOR, CHITTOOR TALUK, PALAKKAD DISTRICT, PIN 678 504. R1 BY PUBLIC PROSECUTOR SRI. P.A SALIM R2 BY ADVS. SRI.NAGARAJ NARAYANAN SRI.SAIJO HASSAN SRI.A.S.SABU SRI.BENOJ C AUGUSTIN SRI.PRATHAP PILLAI SRI.RAFEEK. V.K. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 29/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn M.SASIDHARAN NAMBIAR,J. --------------------------------------------- CRL.M.C.NO.1131 OF 2010 --------------------------------------------- Dated 29th September, 2010 O R D E R Petitioners are the accused and second respondent, the de facto complainant in C.C.560/2010 on the file of Judicial First Class Magistrate's Court, Irinjalakuda taken cognizance for the offence under Sections 498 A, 323, 324 and 294(b) read with Section 34 of Indian Penal Code on Annexure-A2 final report submitted in crime No.26/2010 registered by Irinjalakuda police based on Annexure-A1 complaint filed by the second respondent before Judicial First Class Magistrate, Irinjalakuda and sent for investigation under Section 156(3) of Code of Criminal Procedure. Petition is filed under Section Crmc 1131/10 2 482 of Code of Criminal Procedure to quash the proceedings contending that entire matrimonial disputes were settled amicably and consequent to the settlement, it is not in the interest of justice to continue the prosecution. 2. Second respondent appeared through a counsel and filed an affidavit to the effect that subsequent to the registration of the case entire matrimonial disputes were settled amicably and consequent to the settlement, she has no grievance against the petitioners and she had agreed to withdraw the case and hence has no objection for quashing the proceedings. 3. Learned counsel appearing for the petitioners, second respondent and learned Public Prosecutor were heard. 4. Crime itself was registered based on Annexure-A1 complaint filed by the second Crmc 1131/10 3 respondent before the learned Magistrate and sent for investigation under Section 156(3) of Code of Criminal Procedure. Annexure-A2 final report shows that offences alleged are matrimonial offences and other offences which are purely personal in nature against the petitioners. Affidavit filed by the second respondent establishes that due to intervention of the mediators, entire disputes were settled amicably and consequent to the settlement, second respondent has no subsisting grievance against the petitioners. As held by the Apex Court in B.S.Joshi and others v. State of Haryana and another (2003(4) SCC 675) and Madan Mohan Abbot v. State of Punjab (2008 (3) KLT 19 (SC) when the offences alleged against the petitioners are purely personal in nature and they were settled amicably, it is Crmc 1131/10 4 not in the interest of justice to continue the prosecution. Petition is allowed. C.C.560/2010 on the file of Judicial First Class Magistrate's Court, Irinjalakuda is quashed. M.SASIDHARAN NAMBIAR, JUDGE. uj.