IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 28TH AUGUST 2009 / 6TH BHADRA 1931 Crl.MC.No. 2665 of 2009 -------------------------------- AGAINST FIR 62/09 OF ERUMELI POLICE STATION, PENDING BEFORE JUDL.MAGISTRATE COURT-II, KANJIRAPPALLY PETITIONER(S)/ACCUSED: ------------------------------------- 1. C.C.CHERIAN, AGED 70, CHIRAPURAYIDATHIL HOUSE, MUTTAPPALLY P.O., ERUMELI. 2. ANNAMMA CHERIAN, CHIRAPURAYIDATHIL HOUSE, MUTTAPPALLY P.O., ERUMELI. 3. JESSY, D/O.CHERIAN, CHIRAPURAYIDATHIL HOUSE, MUTTAPPALLY P.O., ERUMELI. 4. SALI SUNNY, AGED 41, W/O.M.P.SUNNY MATTAPPALLIL HOUSE, MUKKOOTTUTHARA P.O. KOTTAYAM DISTRICT. 5. M.P.SUNNY, AGED 48, MATTAPPALLIL HOUSE, MUKKOOTTUTHARA P.O., KOTTAYAM DIST. BY ADV. SRI.P.A.MOHAMMED SHAH RESPONDENT(S): ------------------------ 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, ERUMELI, KOTTAYAM DISTRICT. 3. SUSAN JAMES, W/O.JAMES, CHIRAPURAYIDATHIL HOUSE, MUTTAPPALLY P.O., ERUMELI. PUBLIC PROSECUTOR SRI.AMJAD ALI. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 28/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.SASIDHARAN NAMBIAR,J. ------------------------------------------ CRL.M.C.NO. 2665 OF 2009 ------------------------------------------ Dated 28th August 2009 O R D E R Petitioners are the accused and third respondent the defacto complainant in crime No.62/2009 of Erumeli police station registered for the offences under Section 498 A, 451 and 354 read with Section 34 of Indian Penal Code. Third respondent is the wife of James, son of petitioners 1 and 2. Petitioners 3 to 5 are her in-laws. This petition is filed under Section 482 of Code of Criminal Procedure to quash Annexure-A FIR and the proceedings initiated contending that there was a settlement of all the disputes between the parties. 2. Third respondent appeared through a counsel and has also filed Annexure-C affidavit stating that the entire disputes between them were settled and she is now residing with the petitioners cordially and therefore, it is not in the interest of justice to proceed with the case. 3. Learned Public Prosecutor on CRMC 2665/09 2 instructions submitted that statement of the third respondent was taken and it reveals that she is now residing with petitioners and in such circumstances, there is no objection for quashing the proceedings. 4. As held by the Apex court in B.S.Joshi and others v. State of Haryana and another (2003(4) SCC 675) when the offences alleged against the petitioners are matrimonial offences and connected offences and there was an amicable settlement of all the disputes between them it is not in the interest of justice to stand on technicalities and proceed with the case and geoparadise the settlement and the matrimonial harmony. Interest of justice warrants that proceedings is to be quashed. Petition is allowed. Annexure-A FIR and further proceedings in crime No.62/2009 of Erumeli police station as against the petitioners is quashed. M.SASIDHARAN NAMBIAR, JUDGE. uj.