IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 26TH JUNE 2009 / 5TH ASHADHA 1931 Crl.MC.No. 1986 of 2009(A) ----------------------------------- (CRIME NO.262/2009 OF TOWN SOUTH POLICE STATION, PALAKKAD) PETITIONERS: ACCUSED -------------------------------------- 1. SATHEESHKUMAR,S/O.VISWAMBARAN,AGED 38 YRS,AMBALAPPARAMB KALAM,POLPPULLI. 2. REJITHA,D/O.VISWAMBARAN,AGED 30 YEARS, AMBALAPPARAMB KALAM,POLPPULLI. 3. RATHEESHKUMAR,S/O.VISWAMBARAN,AGED 45 YRS, AMBALAPPARAMB KALAM,POLPPULLI. 4. PUSHPA,W/O.VISWAMBARAN,AGED 60 YEARS, AMBALAPPARAMB KALAM,POLPPULLI. 5. VISWAMBARAN,AGED 68 YEARS, AMBALAPPARAMB KALAM,POLPPULLI. BY ADV. SRI.JACOB SEBASTIAN RESPONDENT(S): COMPLAINANT & STATE ------------------------------------------------------------- 1. ANUPAMA,D/O.RAKKANDI,AGED 30 YEARS, MUTHUKKAD,KINASSERY,PALAKKAD. 2. STATE OF KERALA,REP.BY PUBLIC PROSECUTOR HIGH COURT OF KERALA,ERNAKULAM,REPRESENTING S.I. OF POLICE, TOWN SOUTH POLICE STATION,PALAKKAD. R1 BY ADV. SRI.K.N.ABHILASH R2 BY PUBLIC PROSECUTOR SRI.GIKKU JACOB. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 26/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: dkr M.SASIDHARAN NAMBIAR, J. =================== Crl.M.C. No. 1986 of 2009-A =================== Dated this the 26th day of June, 2009. O R D E R Petitioners are the accused and first respondent the defacto complainant in Crime No.262/2009 of Town South Police Station, Palakkad. First respondent lodged Annexure 1 complaint against petitioners alleging that they committed an offence under Section 498A of Indian Penal Code. Chief Judicial Magistrate, Palakkad forwarded the complaint to the police for investigation under Section 156 (3) of Code of Criminal Procedure. Based on which the case was registered after preparing the FIR. This petition is filed under Section 482 of the Code of Criminal Procedure to quash the proceedings contending that dispute between the petitioners and first respondent were settled. 2. First respondent is the wife of first petitioner. Petitioners 4 and 5 are the parents and petitioners 2 and 3 are the sister and brother of first petitioner. Case of the Crl.M.C.No.1986/2009-A -2- petitioners is that subsequent to the registration of the case, there was a settlement of all the disputes with the first respondent wife and thereafter she is happily living with the first petitioner and she has no intention to proceed with the case. 3. First respondent appeared through a Counsel. CMP No.3321/2009 was jointly filed by the first respondent along with the petitioners stating that all the disputes with first respondent and petitioners were settled and she is now living happily with first petitioner and for a conducive happy matrimonial life, it is unnecessary to continue the prosecution. 4. Learned Counsel appearing for the petitioners, the first respondent and learned Public Prosecutor were heard. 5. The offence is a matrimonial offence. Subsequently the disputes were settled between the husband and wife. They are now living together happily Crl.M.C.No.1986/2009-A -3- after settling all the disputes. In such circumstances, it is not in the interest of justice to proceed with the investigation and jeopardize the matrimonial life. As held by the Apex Court in B.S.Joshy v. State of Haryana (2003 (2) KLT 1062 SC) technicalities shall not stand in the way of matrimonial life. Though offences under Section 498A of Indian Penal Code is not compoudable, this court has to exercise the extra-ordinary powers under Section 482 of Code of Criminal Procedure to secure justice. 6. In such circumstances, Crl.M.C. is allowed. Crime No.262/2009 of Town South Police Station, Palakkad registered under Annexure 1 complaint is quashed. M.SASIDHARAN NAMBIAR JUDGE dkr