IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 8TH JUNE 2009 / 18TH JYAISHTA 1931 Crl.MC.No. 1520 of 2009() -------------------------------------- (CRIME NO.37 OF 2009 OF ADOOR POLICE STATION) PETITIONER(S): DEFACTO COMPLAINANT AND INJURED WITNESS: ---------------------------------------------------------------------------------------------------- 1. JALAJA, AGED 25 YEARS, D/O.SURENDRAN PILLAI, JAYABHAVAN, CHENNAMPALLY, AMMANKANDAKARA, PERINGANADU VILLAGE, ADOOR TALUK. 2. MANIYAMMA, AGED 50 YEARS, W/O.SURENDRAN PILLAI, JAYABHAVAN, CHENNAMPALLY, AMMANKANDAKARA, PERINGANADU VILLAGE, ADOOR TALUK. BY ADVS. MR.M.T.SURESHKUMAR, MR.V.V.RAJA. RESPONDENT(S): ACCUSED 1 TO 3 AND STATE: ------------------------------------------------------------------------ 1. PRADEEP KUMAR,AGED 36 YEARS, AGED 36 YEARS, S/O.BHASKARAN PILLAI, KANJIRAPARAYIL PUTHEN VEEDU, PRAKKANAM, PATHANAMTHITTA P.O. 2. BHASKARAN PILLAI, KANJIRAPARAYIL PUTHEN VEEDU, PRAKKANAM, PATHANAMTHITTA P.O. 3. DEEPA, AGED 39 YEARS, KANJIRAPARAYIL PUTHEN VEEDU, PRAKKANAM, PATHANAMTHITTA P.O. 4. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 TO R3 BY AV. MR.M.RAVIKRISHNAN R4 BY PUBLIC PROSECUTOR MR. GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 08/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss ORDER ON CRL.M.A.NOS.2541/2009 & 2542/2009 IN CRMC.NO.1520/2009 DISMISSED 8/06/2009 SD/- M.SASIDHARAN NAMBIAR,JUDGE /TRUE COPY/ P.A.TO JUDGE Kss M.SASIDHARAN NAMBIAR,J. ------------------------------------------ CRL.M.C.NO. 1520 OF 2009 ------------------------------------------ Dated 8th June 2009 O R D E R Second petitioner is the mother of first petitioner. First respondent is the husband of first petitioner. The second respondent is the father-in- law and third respondent, sister-in-law. Annexure-A1 FIR was registered on the basis of First Information Statement furnished by first petitioner against respondents 1 to 3 for the offences under Sections 323, 325 and 498-A read with Section 34 of Indian Penal Code. Defecto complainant and the injured have jointly filed this petition under Section 482 of Code of Criminal Procedure to quash Annexure-A1 FIR and all other proceedings in the matter, contending that all the disputes between petitioners with respondents 1 to 3 were subsequently settled evidenced by Annexure-II agreement which discloses that O.P.37/2009 was filed by first petitioner against first respondent before the Family court and all the disputes between them were amicably settled and CRMC 1520/09 2 petitioners have agreed to withdraw the criminal case as well as the case pending before Family court. 2. Learned counsel appearing for petitioners and respondents 1 to 3 and learned Public Prosecutor were heard. 3. Learned counsel appearing for petitioners and respondents 1 to 3 submitted that offences involved are in respect of incidents occurred when there was matrimonial disputes between first petitioner and first respondent and subsequently all the disputes were resolved and first petitioner is now residing along with her husband/first respondent and in the interest of justice, criminal proceedings is to be quashed to preserve the matrimonial peace and cordiality. 4. Learned counsel appearing for respondents 1 to 3 also submitted that all the disputes were resolved. The Public Prosecutor also submitted the same. 5. In the light of the settlement of the disputes between the parties, no purpose will be served by proceeding with the investigation and later trial of the case as held by the Apex court in Madan Mohan Abbot v. State of Pubjab (2008 (3) KLT 19) and B.S.Joshi v. CRMC 1520/09 3 State of Haryana (2003 (2) KLT 1062) it is not in the interest of justice to continue the proceedings when the matrimonial disputes were amicably settled and husband and wife are living together. Petition is allowed. Annexure-A1 FIR in crime No.37/2009 of Adoor police station and further proceedings taken in that crime are quashed. M.SASIDHARAN NAMBIAR, JUDGE. uj.