IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 10TH JULY 2009 / 19TH ASHADHA 1931 Crl.MC.No. 2043 of 2009() ------------------------- CC.206/2008 of JUDL.MAGISTRATE OF FIRST CLASS, KOLENCHERRY (CRIME NO.85/2008 OF KUNNATHUNAD POLICE STION) .................... PETITIONER(S): ACCUSED -------------------------------------- 1. NOUSHAD, AGED 28 YEARS, S/O.IBRAHIM, POOLANJITHEKKEVEETTIL, CHELAKULAM KARA, PATTIMATTOM VILLAGE, KUNNATHUNADU TALUK. 2. IBRAHIM, AGED 66 YEARS, S/O.MAIDEEN, POOLANJITHEKKEVEETTIL, KAVUNGAPARAMBU BHAGOM, CHELAKULAM KARA, PATTIMATTOM VILLAGE. 3. PATHUMMA, AGED 61 YEARS, W/O.IBRAHIM, POOLANJITHEKKEVEETTIL, KAVUNGAPARAMBU BHAGOM, CHELAKULAM KARA, PATTIMATTOM VILLAGE. 4. SALEENA, AGED 32 YEARS, W/O.ISMAIL, PATTARUMADOM VEEDU, CHELAMATTOM VILLAGE, VALLAM KARA, KUNNATHUNADU TALUK. 5. SHEEBA, AGED 30 YEARS, W/O.ASHARAF, MANAPATTIPARAMBU VEETTIL, KALOOR KARA, KANAYANNUR TALUK, ERNAKULAM VILLAGE. BY ADV. SRI.SIRAJ KAROLY RESPONDENT(S): COMPLAINANT ----------------------------------------------- 1. STATE OF KERALA REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. AISHA BEEVI, D/O.ABDUL MAJEED, AGED 18 YEARS, KOOVAPURATH MOOTHEDAM HOUSE, VENGOLA KARA, P.O.VENGOLA, ARAKKAPADY VILLAGE, KUNNATHUNADU TALUK. PUBLIC PROSECUTOR SRI.GIKKU JACOB FOR R1. ADV.SRI.M.V.JOY FOR R2 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 10/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: dkr M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.2043 of 2009 -------------------------- ORDER Petitioners are the accused in C.C.No.206/2008 on the file of Judicial First Class Magistrate's Court, Kolenchery. Based on a complaint filed by the second respondent/defacto complainant Crime No. 85/2008 for the offence under Section 498A read with Section 34 of Indian Penal Code was registered. After investigation, Annexure-III final report was filed. It was taken cognizance by the Magistrate for the offence under Section 498A read with Section 34 of Indian Penal Code. This petition is filed under Section 482 of Code of Criminal Procedure to quash the proceedings contending that there was a settlement of the disputes with second respondent. 2. First petitioner is the husband and second respondent the wife. Petitioners 2 and 3 are the parents and petitioners 4 and 5, the sisters of the CRMC 2043/09 2 first petitioner. Annexure-IV agreement entered into by the petitioners with the second respondent was produced along with the petition to show that there was a settlement of all the disputes between the petitioners and second respondent. Second respondent appeared through a counsel. A joint statement was filed by the petitioners and second respondent stating that they have settled all the disputes and second respondent has no intention to proceed against the petitioners and in view of the settlement, husband and wife have decided to dissolve their marriage and in such circumstances, the case is to be quashed. 3. Learned counsel appearing for the petitioners and second respondent and learned Public Prosecutor were heard. 4. Annexure-IV agreement with a joint statement filed by the petitioners and second respondent establish that there was a settlement of the disputes between the petitioners and second CRMC 2043/09 3 respondent. The offence alleged against the petitioners is matrimonial offence. When the matrimonial offence was settled, evidenced by Annexure-IV agreement, it is not in the interest of justice to continue the proceedings, especially, when, due to the settlement, possibility of a successful conviction is very bleak. As held by the Apex Court in B.S.Joshi v. State of Haryana ((2003) 4 SCC 675), when there is a settlement of matrimonial disputes, technical objections shall not stand in the way and court is competent to quash the proceedings invoking the extraordinary powers under Section 482 of Code of Criminal Procedure. In such circumstances, in the interest of justice, the case is to be quashed. Petition is allowed. C.C.No.206/2008 on the file of Judicial First Class Magistrate's Court, Kolenchery as against the petitioners is quashed. 10th July, 2009 (M.Sasidharan Nambiar, Judge) tkv