IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR SATURDAY, THE 23RD MAY 2009 / 2ND JYAISHTA 1931 Crl.MC.No. 1588 of 2009 ---------------------------------- ( C.C. NO. 418/2009 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-I, KOLLAM) .......... PETITIONER/ DEFACTO COMPLAINANT: ---------------------------------------------------------- SEENA,AGED 33 YEARS,D/O.SADASIVAN, RESIDING AT SIVASARAS,MULAVANA VILLAGE,KUNDARA, KOLLAM DISTRICT. BY ADV. MR.JOHNSON GOMEZ. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REP.BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA AT ERNAKULAM, THROUGH THE SUB INSPECTOR OF POLICE,KUNDARA POLICE STATION,KOLLAM. 2. SANIL KUMAR,AGED 35,S/O.C.R.RAGHAVAN, RESIDING AT C.R.SADANAM,SASTHAMCOTTAH,KOLLAM. 3. C.R.RAGHAVAN,RESIDING AT C.R.SADANAM, SASTHAMCOTTAH,KOLLAM. 4. CHELLAMMA,W/O.C.R.RAGHAVAN,RESIDING AT C.R.SADANAM,SASTHAMCOTTAH,KOLLAM. 5. SALILA,D/O.C.R.RAGHAVAN,RESIDING AT C.R.SADANAM,SATHAMCOTTAH,KOLLAM. R1 BY PUBLIC PROSECUTOR MR. GIKKU JACOB. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23/05/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. M.SASIDHARAN NAMBIAR,J. ------------------------------------------ CRL.M.C.NO.1588 OF 2009 ------------------------------------------ Dated 23rd May 2009 O R D E R Petitioner is defacto complainant in C.C.418/2009 on the file of Judicial First Class Magistrate-I, Kollam. Second respondent is the first accused and respondents 3 to 5 are other accused. Case against the accused is that they committed offence under Section 498 A read with Section 34 of Indian Penal Code. Case was registered on a complaint filed by the petitioner before Judicial First Class Magistrate-I, Kollam and based on a direction to investigate the case under Section 156(3) of Code of Criminal Procedure. This petition is filed under Section 482 of Code of Criminal Procedure to quash Annexure A3 final report filed after investigation contending that subsequently dispute with second respondent and the in-laws were settled under Annexure A4 agreement and original of Annexure A4 was submitted before the family court,Kollam in O.S.77/2007, the suit instituted by the petitioner 2 against second respondent and as per the settlement parties have decided to dissolve the marriage and also to pay Rs.4,75,000/- to the petitioner. 2. Learned counsel appearing for petitioner and learned Public prosecutor were heard. 3. Petition is filed by the wife herself on the basis of Annexure A4 agreement whereunder she and second respondent settled their dispute and decided to file a joint petition under Section 13 B of Hindu Marriage Act for dissolution of their marriage and for payment of Rs.4,75,000/- to the petitioner in the light of the settlement between the parties. Considering the fact that it is purely a dispute between husband and wife which was amicably settled, in the interest of justice it is not necessary to continue the proceedings and thereby waste the valuable time of the court. In such circumstances petition is allowed. Annexure A3 final report in C.C.418/2009 on the file of Judicial First Class Magistrate-I, Kollam and the proceedings taken thereunder are quashed. M.SASIDHARAN NAMBIAR, JUDGE. uj.