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. 2634 of 2009() ----------------------------------- CC.778/2008 of JUDL. MAGISTRTE OF FIRST CLASS COURT-III, THRISSUR .................... PETITIONERS/ ACCUSED ------------------------------------ 1. PRADEEP.G., AGED 34 YEARS, S/O. GOPALAKRISHNA PILLAI, JYOTHIR BHAVAN MUTHUKULAM SOUTH .P.O., KARTHIKAPPALLY TALUK, ALAPPUZHA DIST. 2. GOPALAKRISHNA PILLAI, AGED 68 YEARS, S/O. SANKARAN NAIR, JYOTHIR BHAVAN, MUTHUKULAM SOUTH.P.O., KARTHIKAPPALLY TALUK, ALAPPUZHA DIST. 3. LAKSHMIKUMARI, AGED 58 YEARS, W/O. GOPALAKRISHNA PILLAI, JYOTHIR BHAVAN, MUTHUKULAM SOUTH P.O., KARTHIKAPPALLY TALUK, ALAPPUZHA DIST. BY ADV. MR.B.RENJITHKUMAR RESPONDENTS/COMPLAINANT --------------------------------------------- 1. THE SUB INSPECTOR OF POLICE, MANNUTHI POLICE STATION, THRISSUR DIST. 2. BEENA, AGED 32 YEARS, PALIYATHUVEEDU, KARIANNOORE DESOM, KANDANASSERI VILLAGE, THRISSUR DIST. R1 BY PUBLIC PROSECUTOR MR.S.U. NAZAR. R2 BY ADV. MR.PADMALAYAN.P.P. 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.2634 OF 2009 ------------------------------------------ Dated 21st August 2009 O R D E R Petitioners are accused in C.C.778/2008 on the file of Judicial First Class Magistrate-III, Thrissur taken cognizance for the offences under Sections 406, 420, and 498 A read with Section 34 of Indian Penal Code on Annexure-AII final report. Second respondent is the wife of the first petitioner and the defacto complainant. Petitioners 2 and 3 are the parents of the first petitioner. This petition is filed under Section 482 of Code of Criminal Procedure to quash the proceedings contending that there was a complete settlement of all the disputes between petitioners and second respondent. 2. Second respondent appeared through a counsel and filed Crl.M.A.4485/2009 jointly with petitioners, seeking permission to compound the offences stating that the entire disputes were settled. 3. Learned counsel appearing for CRMC 2634/09 2 petitioners, second respondent and learned Public Prosecutor were heard. Learned Public Prosecutor submitted that statement of said respondent recorded subsequently shows that there was a complete settlement of the disputes with petitioners and second respondent. 4. When the offences alleged against petitioners are matrimonial offences and the disputes between first petitioner and second respondent were settled amicably, it is not in the interest of justice to continue the prosecution as held by the Apex court in B.S.Joshi and others v. State of Haryana and another (2003(4) SCC 675). Petition is allowed. C.C.778/2008 on the file of Judicial First Class Magistrate-III, Thrissur is quashed. M.SASIDHARAN NAMBIAR, JUDGE. uj.