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. 2731 of 2009() ------------------------- CC.321/2006 of JUDL.MAGISTRATE OF FIRST CLASS COURT, PAYYANNUR .................... (CRIME NO.14/2006 OF PAYYANNUR POLICE STATION) PETITIONER(S): ACCUSED: ------------------------------------------ 1. K.RAVEENDRAN, AGED 38 YEARS, S/O.KRISHNAN NAIR, KRISHNA NIVAS,KOLATHINKAL, KARUDUKKA P.O., KASARAGOD DISTRICT. 2. KRISHNAN NAIR, AGED 68 YEARS, S/O.CHINDAN, KRISHNA NIVAS,KOLATHINKAL, KARUDUKKA P.O., KASARAGOD DISTRICT. 3. K.AMMALU AMMA, AGED 62 YEARS, W/O.KRISHNAN NAIR, KRISHNA NIVAS,KOLATHINKAL, KARUDUKKA P.O., KASARAGOD DISTRICT. 4. K.NEELAKANDAN, AGED 44 YEARS, S/O.KRISHNAN NAIR, NEAR JAI MATHA SCHOOL, ULUYATHADUKKA, P.O.MANDHOOR. 5. VARIJAKSHAN, AGED 41 YEARS, S/O.KRISHNAN NAIR, 'CHAITHANYA', SANTHI NAGAR, P.O.KARUDUKKA, KASARAGOD DISTRICT. 6. VIJAYA NIRMALA.K., AGED 42 YEARS, W/O.DAMODHARAN, 'MIDHUNAM', SANTHI NAGAR, P.O.KARUDUKKA, KASARAGOD. 7. K.SHYLAJA, W/O.VINDO KUMAR, 'JYOTHISH', PARAVANADUKKAM, P.O. KARUDUKKA, KASARAGOD. Kss ..2/- .....2..... CRMC.NO.2731/2009 8. SUDHAKSHI, AGED 32 YEARS, W/O.GOPINATH, 'ANJANAM', 'ANINJA', P.O.PERUMBALA, KASARAGOD DISTRICT. BY ADV. MR.PHILJO VARUGHESE PHILIPS RESPONDENT(S): COMPLAINANTS: ------------------------------------------------------- 1. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. DEEPA.K.V., AGED 22 YEARS, D/O.PURUSHOTHAMAN, KRISHNA NIVAS, KOLATHINKAL, KARUDUKKA, KASARAGOD. R1 BY PUBLIC PROSECUTOR MR. AMJAD ALI R2 BY ADV. MR. SURESH KUMAR KODOTH 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.2731 OF 2009 ------------------------------------------ Dated 17th September 2009 O R D E R Petitioners are accused in C.C.321/2006 on the file of Judicial First Class Magistrate, Payyannur taken cognizance on Annexure-I final report for the offence under Section 498 A read with Section 34 of Indian Penal Code. Second respondent is the de facto complainant. First petitioner is the husband of second respondent and 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 in C.C.321/2006 contending that there was a complete settlement of all the disputes with second respondent and in view of the settlement of the matrimonial dispute, it is not in the interest of justice to continue the prosecution. Second respondent appeared through a counsel and filed a joint statement along with petitioners stating that there was a complete settlement of all the disputes and in view of the settlement, second respondent has no objection for 2 quashing the proceedings. 2. Learned counsel appearing for petitioners, second respondent and learned Public Prosecutor were heard. 3. Joint statement filed by second respondent along with petitioners establish that there was a complete settlement of the matrimonial disputes. In the light of the settlement of 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. More over, when there has been a settlement of the disputes and second respondent do not intend to prosecute the case, even if petitioners are to be tried, there is no chance for a successful prosecution. In such circumstances, it is not in the interest of justice to continue the prosecution. Petition is allowed. C.C.321/2006 on the file of Judicial First Class Magistrate, Payyannur is quashed. M.SASIDHARAN NAMBIAR, JUDGE. uj.