IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 19TH AUGUST 2009 / 28TH SRAVANA 1931 Crl.MC.No. 2208 of 2009() ------------------------------------- (CRIME NO.86/2008 OF KADUTHURUTHY POLICE STATION) PETITIONER(S): -------------------------- ARUNKUMAR.S., S/O. SREEDHARAN, SREENILAYAM, POOZHIKOL P.O. APPANCHIRA, KADUTHURUTHY, KOTTAYAM. BY ADVS.MR.B.PREMOD, MR.SUDHEER GANESH KUMAR.R. RESPONDENT(S): --------------------------- 1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERANAKULAM. 2. DEEPTHI P.N.,D/O. P.I. NARAYANAN, PALLIYAMTHODATHIL, KANJIRAMATTOM P.O. ERNAKULAM. R1 BY PUBLIC PROSECUTOR MR. S.U.NAZAR R2 BY ADV.MR.K.R.VINOD THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 19/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.2208 of 2009 -------------------------- ORDER Petitioner is the accused in C.C.No.547/2009 on the file of Judicial First Class Magistrate's Court-I, Vaikom. Second respondent is the defacto complainant and wife of the petitioner. Prosecution case is that petitioner committed offence under Section 498A of Indian Penal Code. This petition is filed under Section 482 of Code of Criminal Procedure to quash Annexure-1 FIR in Crime No.86/2008 of Kaduthuruthy Police Station. Final report in the case was reportedly filed before the court for the offence under Section 498A of Indian Penal Code. Case of the petitioner is that the disputes with the second respondent are amicably settled out of court and Annexure-2 agreement was entered into and submitted before Family Court, Ernakulam, where O.P.No.1443/2007, O.P.No.1446/2007 and M.C.No.345/2007 were pending and hence, the criminal proceedings is to be quashed. 2. Second respondent appeared through a counsel and filed an affidavit stating that the disputes with the petitioner were amicably settled and in such CRMC 2208/09 2 circumstances, she has no objection for quashing the case pending before the Magistrate, taken cognizance on the final report submitted after investigation based on the complaint filed by the second respondent and sent for investigation under Section 156(3) of Code of Criminal Procedure. 3. Learned counsel appearing for the petitioner, second respondent and learned Public Prosecutor were heard. 4. When the matrimonial dispute between the petitioner and second respondent was amicably settled out of court and both the husband and wife submitted that wife is not intending to proceed with the case further, as held by the Apex Court in B.S.Joshi v. State of Haryana ((2003) 4 SCC 675), it is not in the interest of justice to proceed with the case. Petition is allowed C.C.No.547/2009 on the file of Judicial First Class Magistrate's Court-I, Vaikom, taken cognizance on the final report submitted in Crime No.86/2008 of Kaduthuruthy Police Station as against the petitioner is quashed. 19th August, 2009 (M.Sasidharan Nambiar, Judge) tkv