IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 17TH SEPTEMBER 2009 / 26TH BHADRA 1931 Crl.MC.No. 2994 of 2009() ------------------------------------- (CRIME NO.197 OF 2009 OF KILIKOLLOOR POLICE STATION, KOLLAM DISTRICT) PETITIONER(S): IST, 2ND ACCUSED: ------------------------------------------------------ 1. AJITH K.S.NAIR, S/O.SASIDHARAN NAIR, KIZHEKKETHIL HOUSE, NANNIKKAL EDAVATTOM, PERINADU VILLAGE, VELLIMAN. 2. RADHA NAIR, W/O.SASIDHARAN NAIR, -DO- -DO- BY ADVS. MR.BIMAL K.NATH, MR.S.JAMAL, MRI.E.M.SUNIL KUMAR. RESPONDENT(S): COMPLAINANT: ---------------------------------------------------- 1. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SRUTHY, AGED 21 YEARS, D/O.K.SURENDRAN NAIR, PARPPIDOM, THATTARKONAM CHERRY, THATTARKONAM P.O., THRIKKOVILVATTOM VILLAGE, KOLLAM DISTRICT. R1 BY PUBLIC PROSECUTOR MR. S.U.NAZAR R2 BY ADV. MR.SREEVALSAN.V. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 17/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.SASIDHARAN NAMBIAR,J. ------------------------------------------ CRL.M.C.NO. 2994 OF 2009 ------------------------------------------ Dated 17th September 2009 O R D E R Petitioners are the accused in crime No.197/2009 of Kilikolloor police station registered under Annexure-A1 FIR for the offence under Section 498 A read with Section 34 of Indian Penal Code. Second respondent is the de facto complainant and wife of first petitioner. This petition is filed under Section 482 of Code of Criminal Procedure to quash Annexure-A1 FIR contending that entire disputes with second respondent and petitioners were settled and in such circumstances, it is not in the interest of justice to continue the proceedings. 2. Second respondent appeared through a counsel and filed an affidavit stating that there was a settlement of all the disputes and in the light of the settlement, she has no objection for quashing the proceedings. 3. Learned counsel appearing for petitioners, second respondent and learned Public CRMC 2994/09 2 Prosecutor were heard. 4. Affidavit filed by second respondent establish that in respect of the matrimonial dispute O.P.390/2009 and O.P.(HMA) 763/2009 were instituted before the Family court, Kollam and there was a settlement of all the disputes and the proceedings pending before the Family court were withdrawn and second respondent had agreed to withdraw the criminal prosecution also. In the light of the settlement of the matrimonial dispute, 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 continue the prosecution. Petition is allowed. Crime No.197/2009 of Kilikolloor police station is quashed. M.SASIDHARAN NAMBIAR, JUDGE. uj.