IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 16TH SEPTEMBER 2010 / 25TH BHADRA 1932 Crl.MC.No. 3824 of 2010() ------------------------------------ CC.226/2008 of JUDL. MAGISTRATE OF FIRST CLASS COURT-I, PONNANI .................... PETITIONER(S): ACCUSED NO.1 TO 3 ---------------------------------------------------- 1. P.K.SATHEESH KUMAR, S/O.KUNJIRAMAN, PAZHAYAKANDATHIL VEEDU, PANNIYAMKARA AMSOM DESOM, KOZHIKODE. 2. SAJITH KUMAR, S/O.KUNJIRAMAN, PAZHAYAKANDATHIL VEEDU, PANNIYAMKARA AMSOM DESOM, KOZHIKODE. 3. SHEEJA, W/O.SANTHOSH, PAZHAYAKANDATHIL VEEDU, PANNIYAMKARA AMSOM DESOM, KOZHIKODE. BY ADV. SRI.K.B.ARUNKUMAR RESPONDENT(S): STATE AND COMPLAINANT -------------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, CHANGARAMKULAM POLICE STATION, MALAPPURAM DISTRICT, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. BINDU.E.K., D/O.KRISHNAN, ERALAMKATTIL VEEDU, KANJOOR DESOM, MUKKUTHALA AMSOM, KOZHIKODE DISTRICT. R1 BY PUBLIC PROSECUTOR SMT.M.K.PUSHPALATHA R2 BY ADV. SRI.RANJIT BABU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 16/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.3824 of 2010 -------------------------- ORDER Petitioners are the accused and second respondent, the defacto complainant, in C.C.No. 226/2008 on the file of Judicial First Class Magistrate's Court, Ponnani, taken cognizance for the offences under Sections 498A, 323 and 447 read with Section 34 of Indian Penal Code. Prosecution case is that on 10.9.2007 at about 5 p.m., in furtherance of their common intention, petitioners trespassed into the house where the second respondent, wife of the first petitioner, was residing and demanded more dowry and made the second respondent to lean and then, using the knee, first petitioner hit on her abdomen and when she fell down, petitioners 2 and 3 caused further hurt by beating her and all the petitioners thereby committed the offences under Sections 498A, 323 and 447 read with Section 34 of Indian Penal Code. This CRMC 3824/10 2 petition is filed under Section 482 of Code of Criminal Procedure to quash the proceedings contending that entire matrimonial disputes were settled amicably with the second respondent and consequent to the settlement, it is not in the interest of justice to continue the prosecution. Along with the petition, a copy of Annexure-II agreement is produced showing that entire matrimonial disputes between the husband and wife were settled amicably. 2. Second respondent appeared through a counsel and filed an affidavit stating that she has settled the entire disputes with the petitioners and consequent to the settlement, she has no objection for quashing the proceedings. 3. Learned counsel appearing for the petitioners, second respondent and learned Public Prosecutor were heard. 4. The offences alleged against the petitioners are matrimonial offences against the second respondent, wife of the first petitioner. The CRMC 3824/10 3 offences under Sections 323 and 447 of Indian Penal Code are compoundable. Annexure-II agreement with the affidavit filed by the second respondent establish that entire matrimonial disputes were settled amicably with the petitioners and consequent to the settlement, second respondent has no subsisting grievance against the petitioners. As held by the Apex Court in B.S.Joshi v. State of Haryana ((2003) 4 KLT 675) and Madan Mohan Abbot v. State of Punjab (2008 (3) KLT 19), when the matrimonial offences are settled amicably between husband and wife and the other offences alleged against the petitioners are compoundable and settled, it is not in the interest of justice to continue the prosecution. Petition is allowed. C.C.No.226/2008 on the file of Judicial First Class Magistrate's Court, Ponnani is quashed. 16th September, 2010 (M.Sasidharan Nambiar, Judge) tkv