IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 24TH SEPTEMBER 2009 / 2ND ASWINA 1931 Crl.MC.No. 3094 of 2009() ------------------------- CC.176/2008 of JUDL. MAGISTRATE OF FIRST CLASS-V, KOZHIKODE .................... PETITIONER / ACCUSED ---------------------------------- SAJEEV KUMAR.M.P., S/O.GOVINDAN, AGED 50 YEARS, UPASRAMAM, MANASSERY P.O., VIA MUKKAM, KOZHIKODE. BY ADV. SMT. LATHA PRABHAKARAN MR. JAMALUDHEEN K.M. RESPONDENTS / COMPLAINANT & STATE ------------------------------------------------------------ 1. REGI.E., D/O.E.RAVEENDRAN, AGED 40 YEARS, PRAVEENA, POOLAYANKARA, PANTHEERANKAVU, KOZHIKODE. 2. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 BY ADV. SMT. P.A.ANITHA MR. T.P.SUDHEER KUMAR R2 BY PUBLIC PROSECUTOR MR. S.U.NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 24/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: kkms/ M.SASIDHARAN NAMBIAR,J. ------------------------------------------ CRL.M.C.NO.3094 OF 2009 ------------------------------------------ Dated 24th September 2009 O R D E R Petitioner is the accused and first respondent the de facto complainant in C.C.176/2008 on the file of Judicial First Class Magistrate-V, Kozhikode taken cognizance for the offences under Sections 498 A, 406 and 506(i) of Indian Penal Code on Annexure-2 final report. This petition is filed under Section 482 of Code of Criminal Procedure to quash Annexure-2 final report as well as the proceedings before the learned Magistrate contending that the entire matrimonial disputes between the petitioner and first respondent were amicably settled and in such circumstances, it is not in the interest of justice to continue the prosecution. 2. First respondent appeared through a counsel. A joint petition is filed by the petitioner and first respondent stating that entire matrimonial disputes were settled amicably and they are now living together and in such circumstances, it is not in the CRMC 3094/09 2 interest of justice, to continue the case and so the offences are to be allowed to be compounded. 3. Learned counsel appearing for the petitioner, first respondent and learned Public Prosecutor were heard. 4. Even though offence under Section 498 A of Indian Penal Code cannot be compounded under Section 320 of Code of Criminal Procedure, as held by the Apex court in B.S.Joshi and others v. State of Haryana and another (2003(4) SCC 675) when there is a complete settlement of matrimonial disputes, it is not in the interest of justice to stand on technicalities and caused hurdles in the settlement of matrimonial disputes. Joint petition filed by the petitioner and first respondent establish that the entire matrimonial disputes were settled amicably and petitioner husband and first respondent wife are now living together. In such circumstances, it is not in the interest of justice to continue the prosecution and geoparadise the matrimonial settlement. Petition is allowed. C.C.176/2008 on the CRMC 3094/09 3 file of Judicial first Class Magistrate-V, Kozhikode is quashed. M.SASIDHARAN NAMBIAR, JUDGE. uj.