IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 8TH SEPTEMBER 2010 / 17TH BHADRA 1932 Crl.MC.No. 3238 of 2010(F) ------------------------------------- (CRIME NO.599/2008 OF RANNI POLICE STATION ON THE FILE OF THE J.F.M.C. NO.I, RANNI) ....... PETITIONER/ACCUSED: ---------------------------------- RAJANI, AGED 31, D/O. VIJAYAKUMARI, SHIBU BHAVAN, SASTHAMKONAM, PUNALUR, KOLLAM DISTRICT. BY ADV. SRI.SYAM J SAM. RESPONDENTS/COMPLAINANT/DE-FACTO COMPLAINANT/STATE: ----------------------------------------------------------------------------------------------- 1. ALEX JACOB, AGED 39 YEARS, S/O. JACOB.K.A, MUNDAKATHIL VEEDU, CHELLAKKADU.PO, RANNI TALUK, PATHANAMTHITTA DISTRICT. 2. THE SUB INSPECTOR, RANNI POLICE STATION. 3. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 BY ADV. SRI.V.SETHUNATH, R2 & R3 BY GOVT. PLEADER SMT. M.K. PUSHPALATHA. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 08/09/2010, ALONG WITH CRL.M.C NO. 3247 OF 2010,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No.3238 & 3247 OF 2010 =========================== Dated this the 8th day of September,2010 ORDER Petitioner in Crl.M.C.3238/2010 is the wife of the first respondent. She is the first respondent in Crl.M.C.3247/2010. First respondent in Crl.M.C.3238/2010 is the first petitioner in Crl.M.C.3247/2010. Second petitioner therein is the mother of the first petitioner. Crl.M.C.3238/2010 is filed by the wife to quash Annexure A1 F.I.R in Crime No.599/2008 registered for the offences under sections 323 and 324 of Indian Penal Code on the first information statement recorded of the first respondent. Crl.M.C.3247/2010 is filed by the husband and the mother-in-law of the first respondent, to quash Annexure A1 F.I.R in Crime No.598/2008 registered for the offence Crl.M.C.3238 & 3247 of 2010 2 under section 498A of Indian Penal Code based on the First Information Statement of the petitioner in Crl.M.C.3238/2010. Both the petitions are filed to quash the respective F.I.Rs contending that the entire matrimonial disputes were settled before the High Court evidenced by Annexure 2 settlement arrived at by the parties. 2. Learned counsel appearing for the petitioners and the learned Public Prosecutor were heard. 3. Crime 598/2008 of Ranni Police Station is registered based on the First Information Statement of the petitioner in Crl.M.C.3238/2010 for the offence under section 498A of Indian Penal Code. Crime 599/2008 was registered for the offences under sections 323 and 324 of Indian Penal Code based on the First Information Statement of the husband of the petitioner in Crl.M.C.3238/2010. The respective petitions establish that the husband and the wife have settled all the disputes and consequent to the settlement, they have decided not Crl.M.C.3238 & 3247 of 2010 3 to prosecute the other. In the light of the settlement, it is not in the interest of justice to continue the prosecution. As held by the Apex Court in Madan Mohan Abbot v. State of Punjab (2008 (3) KLT 19) when the offences alleged are purely personal in nature and there has been a settlement of the disputes with the injured and the accused, it is not in the interest of justice to continue the prosecution. Petitions are allowed. Crime 598/2008 and 599/2008 of Ranni Police Station are quashed. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006