IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 3RD MARCH 2010 / 12TH PHALGUNA 1931 Crl.MC.No. 3672 of 2009() ------------------------------------ CC.479/2009 of JUDL. MAGISTRATE OF FIRST CLASS COURT, KUNNAMANGALAM .................... PETITIONERS/ACCUSED 1 & 2 ---------------------------------------------- 1. SIJU CHANDRAN, S/O.CHANDRAN, AGED 32 YEARS, CHOLAYAIL HOUSE, MELANADUKANDI, CHEVAYOOR. 2. PREMALETHA, W/O.CHANDRAN, CHOLAYAIL HOUSE, MELANADUKANDI, CHEVAYOOR. BY ADV. MR.NIRMAL. S RESPONDENTS/COMPLAINANT & STATE: ------------------------------------------------------------- 1. SHALINI, D/O.BASKARAN, AGED 30 YEARS, VADEKEKAD, KAPALINGAD, TRISSUR. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. R2 BY PUBLIC PROSECUTOR MR.I.B. PRAMOD. R1 BY ADV. MR.O.T.JABISH. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. M.SASIDHARAN NAMBIAR,J. ------------------------------------------ CRL.M.C.NO.3672 OF 2010 ------------------------------------------ Dated 3rd March 2010 O R D E R Petitioners are the accused and first respondent, the de facto complainant in C.C.479/2009 on the file of Judicial First Class Magistrate, Kunnamangalam taken cognizance for the offences under Sections 406 and 498 A read with Section 34 of Indian Penal Code on Annexure-3 final report. Annexure-1 complaint was filed by the first respondent wife alleging that first petitioner husband and second petitioner mother-in-law treated her with cruelty and also committed breach of trust and thereby committed the offences under Sections 406 and 498 A of Indian Penal Code before the Commissioner of Police, Kozhikode based on which crime No.267/2008 Crmc 3672/09 2 was registered. Annexure-3 final report was filed after investigation by the Sub Inspector of Police, Medical College Police Station which was taken cognizance by the learned Magistrate. Petition is filed under Section 482 of Code of Criminal Procedure to quash the cognizance taken and the proceedings pending before the Magistrate contending that entire matrimonial disputes were amicably settled. 2. First respondent appeared through a counsel and filed Crl.M.A.6281/2009 jointly with the petitioners stating that entire matrimonial disputes were amicably settled and in view of the settlement, it is not in the interest of justice to continue the prosecution and hence the case is to be allowed to be compounded. 3. Learned counsel appearing for the petitioner, first respondent and learned Public Prosecutor were heard. Crmc 3672/09 3 4. Though an offence under Section 498 A of Indian Penal Code cannot be compounded, as held by the Apex court in B.S.Joshi and others v. State of Haryana and another (2003(4) SCC 675) when there was amicable settlement of the matrimonial disputes, it is not in the interest of justice to continue the prosecution. Joint statement filed by first respondent wife with the petitioners establishes that entire matrimonial disputes were settled. In such circumstances, it is not in the interest of justice to continue the prosecution. Petition is allowed. C.C.479/2009 on the file of Judicial First Class Magistrate, Kunnamangalam is quashed. M.SASIDHARAN NAMBIAR, JUDGE. uj.