IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 27TH AUGUST 2009 / 5TH BHADRA 1931 Crl.MC.No. 2697 of 2009(F) -------------------------------------- (CRIME NO. 559/2009 OF CHENGANNUR POLICE STATION) ....... PETITIONERS/ ACCUSED A1 TO 3: ------------------------------------------------- 1. BINU, AGED 36 YEARS, S/O.SCARIA, BINU VILLA, PENNUKKARA MURI, ALA CHENGANNUR VILLAGE, CHENGANNUR TALUK. 2. GRACY SCARIA, AGED 70 YEARS, W/O.SCARIA, BINU VILLA, PENNUKKARA MURI, ALA, CHENGANNUR VILLAGE, CHENGANNUR TALUK, 3. P.S.SCARIA, AGED 70 YEARS, S/O.PHILIPOSE, BINU VILLA, PENNUKKARA MURI, ALA, CHENGANNUR VILLAGE, CHENGANNUR TALUK. BY ADV. MR.AJITH MURALI. RESPONDENTS/ COMPLAINANT: ----------------------------------------------- 1. STATE OF KERALA, REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. 2. SHIBI, W/O.BINU, AGED 30 YEARS, BINU VILLA, PENNUKKARA MURI, ALA CHENGANNUR VILLAGE, CHENGANNUR TALUK. R1 BY PUBLIC PROSECUTOR MR. AMJAD ALI, R2 BY ADV. MR.P.V.DILEEP. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 27/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.2697 of 2009 -------------------------- ORDER Petitioners are the accused in Crime No. 559/2009 of Chengannur Police Station, registered for the offence under Section 498A read with Section 34 of Indian Penal Code. Second respondent is the defacto complainant and wife of the first petitioner. Petitioners 2 and 3 are the parents of the first petitioner. This petition is filed under Section 482 of Code of Criminal Procedure to quash Annexure-A FIR and the further proceedings contending that the entire dispute between the petitioners and second respondent were settled and second respondent is now living with the first petitioner cordially and in such circumstances, it is not necessary to proceed with the case further. 2.Second respondent appeared through a counsel. Crl.M.Appl.No.4609/2009 is jointly filed by the petitioners and second respondent stating that the CRMC 2697/09 2 entire disputes were amicably settled and second respondent is now living with the petitioners and in view of the settlement and to maintain harmony in the matrimonial life, it is necessary to quash the proceedings. 3.Learned counsel appearing for the petitioners and second respondent and learned Public Prosecutor were heard. 4.Learned Public Prosecutor also submitted that statement of the second respondent recorded subsequently would reveal that she is now living with the first petitioner and there was a complete settlement of the disputes. 5. When the offences alleged against the petitioners are matrimonial offences and the joint petition filed by the petitioners and second respondent establishes that there was a settlement of the matrimonial disputes, as held 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 CRMC 2697/09 3 stand on technicalities and jeo pardise the settlement arrived at between the parties in matrimonial life. In such circumstances, in the interest of justice, the case is to be quashed. Petition is allowed. Annexure-A FIR in Crime No.559/2009 of Chengannur Police Station and the further proceedings are quashed. 27th August, 2009 (M.Sasidharan Nambiar, Judge) tkv