IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 17TH SEPTEMBER 2009 / 26TH BHADRA 1931 Crl.MC.No. 2221 of 2009(A) -------------------------------------- [CC.NO.1087/2008 OF JUDL. MAGISTRATE OF FIRST CLASS COURT-II, ATTINGAL) .................... PETITIONERS/ ACCUSED 1 & 2: --------------------------------------------- 1. ABOOBACKER, AYANIMOOTTIL HOUSE, ULIYAZHATHURA, CHEMBAZANTHI, ANANDISWARAM. 2. NAZAR, AYANIMOOTTIL HOUSE, ULIYADUTHARA, CHEMBAZANTHI, ANANDISWARAM. BY ADVS. MR.S.M.PREM, SMT.K.P.SANTHI, MR.P.K.NIJOY, SMT.NISHA G.THARAMAL. RESPONDENTS/ STATE AND COMPLAINANT: ----------------------------------------------------------------- 1. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. KHURAISHIA, VANDIPATHUVILAKAM, ARALUMOODU, NEYYATTINKARA, THIRUVANANTHAPURAM. R1 BY PUBLIC PROSECUTOR MR. AMJAD ALI, R2 BY ADV. SMT.C.PRABITHA. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 17/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. M.SASIDHARAN NAMBIAR,J. ------------------------------------------ CRL.M.C.NO. 2221 OF 2009 ------------------------------------------ Dated 17th September 2009 O R D E R Petitioners are accused in C.C.1087/2008 on the file of Judicial First Class Magistrate-II, Attingal taken cognizance for the offences under Sections 341, 323, 452, 354 read with Section 34 of Indian Penal Code on Annexure-III final report. This petition is filed under Section 482 of Code of Criminal Procedure to quash the proceedings before the learned Magistrate contending that there has been a complete settlement of all the disputes with the second respondent. Hence in view of the settlement of the disputes with second respondent, it is not in the interest of justice to continue the prosecution. 2. Prosecution case is that on 29/5/2008 petitioners, who are the brothers of husband of second respondent trespassed into the house belonging to second respondent and thereafter restrained him and caused hurt and thereby committed the offences. Annexure-II compromise petition filed before the Family court, in the proceedings pending between CRMC 2221/09 2 second respondent and first petitioner shows that there was a settlement of all the matrimonial disputes. Crl.A.4000/2009 jointly filed by petitioners and second respondent establish that there was a settlement of the disputes with second respondent. Learned Public Prosecutor also submitted that investigating officer has reported that there was a settlement of all the disputes. 3. When it is proved that there was a settlement of all the matrimonial disputes and the incident alleged is with respect to the matrimonial dispute and joint petition filed by the second respondent and petitioners establish that consequent to the settlement second respondent is not intending to proceed with the case, even if petitioners are to be tried, chance of successful prosecution is very bleak. In such circumstances, it is not in the interest of justice to continue the prosecution. Petition is allowed. C.C.1087/2008 on the file of Judicial First Class Magistrate-II, Attingal is quashed. M.SASIDHARAN NAMBIAR, JUDGE. uj.