IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 16TH FEBRUARY 2009 / 27TH MAGHA 1930 Crl.MC.No. 468 of 2009(E) -------------------------------- PETITIONERS : ----------------- 1. SUMESH, S/O.MURALEEDHARAN, AGED 33 YRS, UDUMPUZHA HOUSE, PERUMBALAM.P.O,ALAPPUZHA DIST. 2. MURALEEDHARAN, S/O.NARAYANAN,AGED 63 YRS UDUMPUZHA HOUSE, PERUMBALAM.P.O,ALAPUZHA DIST. 3. VISHALAM, W/O.MURALEEDHARAN, AGED 54 YRS,UDUMPUZHA HOUSE, PERUMBALAM.P.O,ALAPPUZHA. DISTRICT. 4. SUDHA, W/O.PRESANNAN, AGED 42 YRS, PRESANNA BHAVAN, KARUNAGAPPALLY.P.O, KOLLAM DIST. BY ADV. MR.C.P.SAJI RESPONDENTS/DEFACTO COMPLAINANT : -------------------------------------------------- 1. STATE OF KERALA,REP.BY P.PROSECUTOR, THE HIGH COURT OF KERALA. 2. SIMI, D/O.SOMAN, AGED 24 YRS, OTTATHENGUMKAL HOUSE, AROOR.P.O, CHERTHALA, ALAPPUZHA DISTRICT. ADV. DR.V.N.SANKARJEE FOR R2 PUBLIC PROSECUTOR MR.GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 16/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J ----------------------- CRL.M.C.No. 468 OF 2009 --------------------------------- Dated this the 16th day of February, 2009 O R D E R This petition is filed to quash the proceedings in Crime No. 95/2008 of the Poochakkal Police Station which is registered before the Judicial First Class Magistrate Court No. II, Cherthala. It is a matrimonial dispute which was ended in proceedings under Section 498 A and 34 of the IPC. Accused in the case are husband, in-laws and sister-in-law. A crime was registered under Section 498A and 34 of IPC. After investigation the police had filed a charge sheet whereby offence under Section 498 A and 34 IPC is seen. An affidavit is filed by the defacto complainant stating that all the matrimonial disputes have been settled between the parties and that she has also settled the Crime No. 95/08 of the Poochakkal Police Station without any external influence. Since matrimonial disputes are settled and the parties are parted as friends they pray for quashing the proceedings. The methodology in such type of cases had been decided by the apex court in the decision reported in B.S. Joshi vs. State of Haryana [2003 (4) SCC 675]. The apex court held that: “While exercising inherent power of quashing under Crl.M.C. 468/2009 -2- Section 482, it is for the High Court to take into consideration any special features which appear in a particular case to consider whether it is expedient and in the interest of justice to permit a prosecution to continue. The special features in such matrimonial matters are evident. It becomes the duty of the court to encourage genuine settlements of matrimonial disputes.” The apex court further held that: “The hyper technical view would be counterproductive and would act against the interests of women and against the object for which his provision was added”. Now the husband and wife has amicably settled all the disputes pending between them and therefore there is no point in proceeding with the prosecution. Therefore it is a fit case where the powers under Section 482 Crl.P.C can be invoked. Therefore the Crl.M.C is allowed and all further proceedings against the petitioners in Crime No.95/2008 of the Poochakkal Police Station which is registered before the Judicial First Class Magistrate Court No. II, Cherthala is quashed. M.N. KRISHNAN, JUDGE vkm