IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 7TH OCTOBER 2009 / 15TH ASWINA 1931 Crl.MC.No. 3075 of 2009 --------------------------------------- CC.2086/2008 of JUDL.MAGISTRATE OF FIRST CLASS-I, ERNAKULAM .................... PETITIONERS/ACCUSED 1-4 : 1. JIBY JOHN GEORGE, AGED 32 YEARS, S/O. SRI.V.GEORGE ULAHANNAN, VAZHATHOTTIL HOUSE, MELUKAVU, KOTTAYAM DISTRICT. 2. JOBY P.JOY, AGED 41 YEARS, S/O. JOY, POYKAMELATHIL VEEDU, PRAKKODE, ADOOR, PATHANAMTHITTA DISTRICT. 3. GEORGE ULAHANNAN, AGED 70 YEARS, S/O. ULAHANNAN, VAZHATHOTTATHIL HOUSE, MELUKAVU, KOTTAYAM DISTRICT. 4. MARIYAMMA ULAHANNAN, AGED 63, DO. DO. BY ADV. SRI.P.GOPAKUMARAN NAIR SRI.C.S.DIAS SRI.N.K.SUBRAMANIAN RESPONDENT/R1/DEFACTO COMPLAINANT: 1. SINI RACHEAL OOMMEN, AGED 28 YEARS, D/O. MATHEW OOMMEN, KATTANCHERIL HOUSE, ERAVIPEROOR P.O., PATHANAMTHITTA DISTRICT. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADDL.R3 IMPLEADED SRI.MATHEW OOMMEN, AGED 69 YEARS, S/O SRI.CHERIAN MATHEW, RESIDING AT KATTANACHERIL HOUSE, ERAVIPEROOR P.O., PATHANAMTHITTA. Impleaded as per order dt. 7.10.09 on CRMA5407/09 BY ADV. SRI.MOHAN JACOB GEORGE FOR R1 & ADDL.R3 SMT.P.V.PARVATHI FOR R1 & ADDL.R3 BY PUBLIC PROSECUTOR SRI.AMJAD ALI FOR R2 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 07/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.3075 of 2009 -------------------------- ORDER Petitioners are the accused in C.C.No.2086/2008 on the file of Judicial First Class Magistrate's Court-I, Ernakulam, taken cognizance for the offences under Sections 406, 420, 323, 506(i) and 498A read with Section 34 of Indian Penal Code and Section 12(d) of Indian Passports Act. First respondent is the wife of the first petitioner. Offences alleged against the petitioners are matrimonial offences and connected offences. This petition is filed under Section 482 of Code of Criminal Procedure to quash the proceedings contending that entire matrimonial disputes between the parties were amicably settled and in view of the dictum laid down by the Apex Court in B.S.Joshi v. State of Haryana ((2003) 4 SCC 675), it is not in the interest of justice to continue the proceedings. When O.P.(Div)No.907/2006, filed CRMC 3075/09 2 before Family Court, Ernakulam and O.P.No.432/2006, filed before Family Court, Thiruvalla, were pending, first respondent filed W.P.(C)No. 18711/2009 for expeditiously disposal of the cases. In that writ petition, a Mediator was appointed and consequent to the mediation, Annexure-B settlement was arrived at. Accepting Annexure-B, under Annexure-C judgment, writ petition was disposed. Thereafter, Annexure-D compromise petition was filed before Family Court, Thiruvalla. 2. First respondent field an affidavit in this case stating that consequent to the settlement of all the disputes, she has no subsisting grievance against the petitioners and she does not intend to proceed with the case and therefore, she has no objection for quashing the proceedings. Learned counsel appearing for the third respondent also submitted that the matter has been settled and there is no objection for quashing the proceedings. CRMC 3075/09 3 3. Learned counsel appearing for the petitioners, respondents 1 and 3 and learned Public Prosecutor were heard. 4. Annexures-B to D and the affidavit filed by the first respondent wife establish that entire matrimonial disputes between the parties were amicably settled. As held by the Apex Court in Joshi's case (supra), when the matrimonial disputes were settled, it is not in the interest of justice to continue the proceedings. It is more so, when, consequent to the settlement, chances of a successful prosecution are very bleak. It would result only in unnecessary waste of valuable time of the court. In such circumstances, petition is allowed. C.C.No.2086/2008 on the file of Judicial First Class Magistrate's Court-I, Ernakulam is quashed. 7th October, 2009 (M.Sasidharan Nambiar, Judge) tkv