IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 27TH AUGUST 2009 / 5TH BHADRA 1931 Crl.MC.No. 2448 of 2009() ------------------------------------ CC.42/2009 of JUDL. MAGISTRATE OF FIRST CLASS COURT-II, PERAMBRA .................... PETITIONERS/ACCUSED NO.2& 3 ----------------------------------------------- 1. KOYALI, AGED 76 YEARS, S/O. SEETHI, KUNIYIL HOUSE, ULLIYERI AMSOM, KAKKANCHERY DESOM KOYILANDY TALUK, KOZHIKODE DIST. 2. KHADEESA, AGED 71 YEARS, W/O.KOYALI, KUNIYIL HOUSE, ULLIYERI AMSOM, KAKKANCHERY DESOM KOYILANDY TALUK, KOZHIKODE DIST. BY ADV. MR.P.S.SREEDHARAN PILLAI SMT.C.G.PREETHA RESPONDENTS/DEFACTO-COMPLAINANT AND ACCUSED NOS.1 & 4 --------------------------------------------------------------------------------------------------- 1. STATE OF KERALA REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. V.K. SHAHIDA, AGED ABOUT 24 YEARS D/O. VIRUNNUKANDI ABDULLA VIRUNNUKANDI HOUSE P.O.KOYILANDY, KOZHIKODE DIST. 3. K. MUSTHAFA, AGED 35 YEARS, S/O. KOYALI, KUNIYIL HOUSE, ULLIYERI AMSOM, KAKKANCHERY DESOM, KOYILANDY TALUK, KOZHIKODE DIST. 4. SUBEER, KUNIYIL HOUSE, ULLIYERI AMSOM KAKKANCHERY DESOM, KOYILANDY TALUK, KOZHIKODE DIST. R1 BY PUBLIC PROSECUTOR MR.S.U. NAZAR. R2 BY ADV. MR.S.JIJI. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 27/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.2448 of 2009 -------------------------- ORDER Petitioners and respondents 3 and 4 are the accused in C.C.No.42/2009 on the file of Judicial First Class Magistrate's Court-II, Perambra. Offences alleged against the accused are under Sections 498A, 406 and 354 read with Section 34 of Indian Penal Code. Second respondent is the defacto complainant and wife of the third respondent. This petition is filed under Section 482 of Code of Criminal Procedure to quash the proceedings pending before the Magistrate contending that the matrimonial disputes between the accused and second respondent were settled and in such circumstances, it is not in the interest of justice to proceed with the case further. 2. Crl.M.Appl.No.4479/2009 is jointly filed by the accused and second respondent stating that the entire disputes between them were settled and in CRMC 2448/09 2 such circumstances, there is no necessity to proceed with the case and the entire proceedings as against the accused is to be quashed. 3.Learned counsel appearing for the petitioners and second respondent and learned Public Prosecutor were heard. 4. Learned Public Prosecutor, after recording the statement of the second respondent on 17.8.2009, submitted that though as per the settlement Rs.3,20,000/- is to be paid to the second respondent, she submitted that she did not receive the amount. In such circumstances, second respondent was directed to appear before the court to verify whether there was in fact any settlement. 5. When the case was called today, learned Public prosecutor submitted that subsequent to 17.8.2009, a statement was recorded from the second respondent and she admitted that the entire amount due, as agreed, was received. Joint statement filed by the accused and second respondent also shows CRMC 2448/09 3 that the entire amount as agreed was paid. In such circumstances, when the offences are matrimonial offences and connected offences and there was a complete settlement of all the disputes between the parties and consequent to the settlement, even if accused are to be tried, chances of a successful prosecution is very bleak, it is not in the interest of justice to proceed with the case further, standing on technicalities, as held by the Apex Court in B.S.Joshi v. State of Haryana ((2003) 4 SCC 675). Hence, in the interest of justice the case is to be quashed. Petition is allowed. C.C.No.42/2009 on the file of Judicial First Class Magistrate's Court-II, Perambra as against the accused (petitioners and respondents 3 and 4) is quashed. 27th August, 2009 (M.Sasidharan Nambiar, Judge) tkv