IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 28TH AUGUST 2009 / 6TH BHADRA 1931 Crl.MC.No. 2881 of 2009 --------------------------------- CC.2304/2007 of JUDL.MAGISTRATE OF FIRST CLASS-I, ALUVA .............................................. PETITIONER(S): ------------------------ FOUSIYA,AGED 35,D/O.LATE PAREETH, PEREPARAMBIL HOUSE,MUTTAR KARA, VATTEKUNNAM, THRIKKAKARA NORTH VILLAGE. BY ADV. SRI.JAISON JOSEPH RESPONDENT(S): ------------------------- 1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SHAHUL HAMEED, AGED 40 YEARS, S/O.LATE MUSTHAFA, PUTHUSSERY HOUSE, NEAR KATHAYI COTTON MILL,ALUVA WEST VILLAGE NOW RESIDING AT THOUSIK MANZIL, KEEZMAD, ALUVA. 3. SHAJU AGED 42,S/O. KUNJUMON, THOUSIL MANZIL KEEZMAD KARA, ALUVA EAST VILLAGE. 4. KUNJUMON,AGED 65, THOUSIK MANZIL KEEZMAD KARA, ALUVA EAST VILLAGE. 5. FASALU,AGED 45,S/O. KUNJALU, VALAYIAPARAMBIL HOUSE,KEEZMAD KARA, NEAR PANCHAYATH OFFICE,ALUVA EAST VILLAGE. PUBLIC PROSECUTOR SRI. AMJAD ALI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 28/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.SASIDHARAN NAMBIAR,J. ------------------------------------------ CRL.M.C.NO.2881 OF 2009 ------------------------------------------ Dated 28th August 2009 O R D E R Petitioner is the defacto complainant in C.C.2304/2007 on the file of Judicial First Class Magistrate-I, Aluva. Under Annexure-A1 final report learned Magistrate has taken cognizance of the offence under Sections 406 and 498 A read with Section 34 of Indian Penal Code against respondents 2 to 5, her husband and in-laws. This petition is filed by the wife to quash the proceedings contending that there was a complete settlement of all the disputes between the parties and therefore, she does not intend to proceed with the case. 2. Though offence under Section 498 A of Indian Penal Code is not compoundable, as held by the Apex court in B.S.Joshi and others v. State of Haryana and another (2003(4) SCC 675) technicalities shall not stand in the way, when matrimonial disputes are settled between the parties. When defacto complainant, wife approaches the court stating that CRMC 2881/09 2 consequent to the settlement of the dispute with the husband and in-laws, she does not intend to proceed with the case, interest of justice warrants to quash the proceedings. Petition is allowed. C.C.2304/2007 on the file of Judicial First Class Magistrate-I, Aluva is quashed. M.SASIDHARAN NAMBIAR, JUDGE. uj.