IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 15TH SEPTEMBER 2010 / 24TH BHADRA 1932 Crl.MC.No. 3807 of 2010() -------------------------------------- CRIME NO.733/2010 OF VADAKKENCHERRY POLICE STATION. ........... PETITIONER(S): ACCUSED --------------------------------------- 1. JISHAD, S/O.GOPALAKRISHNAN, AGED 33 YEARS, ULLADAYIL, KETTY, OOTTY, NILGIRIS DISTRICT, TAMIL NADU. 2. GOPALAKRISHNAN, S/O.CHAMI, AGED 68 YEARS, ULLADAYIL, KETTY, OOTTY, NILGIRIS DISTRICT, TAMIL NADU. 3. JISHEEBA, W/O.SANTHOSH, AGED 30 YEARS, THEKKEGRAMAM.P.O., KUNNATHUPALAYAM, CHITTUR. 4. SANTHOSH, S/O.CHANDRAN, AGED 38 YEARS, THEKKEGRAMAM.P.O., KUNNATHUPALAYAM, CHITTUR. 5. MEENAKSHI, W/O.CHANDRAN, AGED 55 YEARS, THEKKEGRAMAM.P.O., KUNNATHUPALAYAM, CHITTUR. BY ADV. SRI.RAJESH SIVARAMANKUTTY RESPONDENT(S): DEFECT OF COMPLAINANT ------------------------------------------------------------------ 1. AMBILI, D/O.RAMAPRASAD, THEKKEMADOM VEEDU, PATTOLA, KANNANNUR, ALATHUR TALUK, PALAKKAD DISTRICT. 2. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 BY ADV. SRI.G.G.MANOJ R2 BY PUBLIC PROSECUTOR SRI.P.A.SALIM THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 15/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss M.SASIDHARAN NAMBIAR,J. --------------------------------------------- CRL.M.C.NO.3807 OF 2010 --------------------------------------------- Dated 15th September, 2010 O R D E R Petitioners are the accused and first respondent the de facto complainant in crime No.733/2010 of Vadakkencherry Police Station registered for the offences under Sections 323 and 498A read with Section 149 of Indian Penal Code on Annexure-A1(1) private complaint filed by the first respondent before Judicial First Class Magistrate's Court, Alathur and sent for investigation under Section 156(3) of Code of Criminal Procedure. Petition is filed under Section 482 of Code of Criminal Procedure to quash FIR and pending proceedings contending that entire disputes were settled amicably and consequent to the Crmc 3807/10 2 settlement, it is not in the interest of justice to continue the prosecution. Petitioners have also produced Annexure-B agreement whereunder entire disputes were settled by the first respondent and petitioners and first respondent agreed to withdraw the prosecution. 2. First respondent filed an affidavit stating that entire disputes were settled amicably and hence she has no objection for quashing the proceedings. 3. Learned counsel appearing for the petitioners, first respondent and learned Public Prosecutor were heard. 4. Police registered the case based on Annexure-A1(1) complaint filed by the first respondent before Judicial First Class Magistrate's Court, Alathur and sent for Crmc 3807/10 3 investigation under Section 156(3) of Code of Criminal Procedure. Annexure-A1(1) complaint shows that case of the first respondent is that she was treated with cruelty by the first petitioner husband and petitioners 2 to 5 the in-laws and hurt was also caused by beating on her cheek and thereby committed the offences under Sections 498A and 323 read with Section 149 of Indian Penal Code. Affidavit filed by the first respondent with Annexure-B agreement establishes that entire matrimonial disputes were settled amicably. An offence under Section 323 of Indian Penal Code is compoundable at the instance of the first respondent. Affidavit shows that she has no objection for compounding the offences. As held by the Apex Court in B.S.Joshi and others v. State of Haryana and another (2003(4) SCC 675) Crmc 3807/10 4 when matrimonial disputes are settled amicably, it is not in the interest of justice to stand on technicalities and continue the prosecution. Petition is allowed. Crime No.733/2010 of Vadakkencherry Police Station is quashed. M.SASIDHARAN NAMBIAR, JUDGE. uj.