IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 11TH JUNE 2009 / 21ST JYAISHTA 1931 Crl.MC.No. 1833 of 2009() ------------------------- CC.400/2007 of JUDL. MAGISTRATE OF FIRST CLASS, CHANGANACHERRY .................... PETITIONER(S): ACCUSED: ----------------------------------------- T.S.BABURAJ, AVANISSERY HOUSE, NEAR COMPANY PADI, OLLOOR P.O., THRISSUR DISTRICT. BY ADV. MR.R.PARTHASARATHY RESPONDENT(S): STATE & COMPLAINANT: ------------------------------------------------------------------ 1. THE STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. A.P.ANITHA, AMBILY NIVAS, NEAR N.S.S. U.P.SCHOOL, PUZHAVATHU BHAGOM, CHANGANASSERY, KOTTAYAM DISTRICT. R1 BY PUBLIC PROSECUTOR MR. AMJAD ALI R2 BY ADV. MR.V.MADHUSUDHANAN THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 11/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss ORDER ON CRL.M.A.NO.3041/2009 IN CRMC.NO.1833/2009 DISMISSED 11/06/2009 SD/- M.SASIDHARAN NAMBIAR, JUDGE /TRUE COPY/ P.A.TO JUDGE Kss M.SASIDHARAN NAMBIAR,J. ------------------------------------------ CRL.M.C.NO. 1833 OF 2009 ------------------------------------------ Dated 11th June 2009 O R D E R Petitioner is the accused and second respondent is his wife. Petitioner is the accused and second respondent the defacto complainant in C.C.400/2007 on the file of Judicial First Class Magistrate, Changanachery. Based on the complaint of second respondent, Annexure-A1 FIR was registered. After investigation Annexure-A2 final report was submitted before the Magistrate alleging that petitioner committed an offence under Section 498A of Indian Penal Code. Learned Magistrate took cognizance of the offence on Annexure-A2 final report. This petition is filed under Section 482 of Code of Criminal Procedure to quash the proceedings contending that there was a subsequent settlement of all the disputes between petitioner and second respondent and consequent to the settlement, evidenced by Annexure-A3 agreement both petitioner and second respondent dissolved their marriage and both of them subsequently re-married and second respondent has no CRMC 1833/09 2 intention to proceed with the case further and in such circumstances, the case is to be quashed. Annexure-A3 agreement produced along with the petition establish that all disputes between petitioner and second respondent were resolved and it was decided to withdraw C.C.400/2007 pending before the Magistrate though legally withdrawal of the case is not possible. Annexure-A4 affidavit is also filed by second respondent re-iterating the case of the settlement and stated that she has no subsisting dispute with the petitioner and she has no objection to quash the proceedings. Second respondent appeared through a counsel. 2. Learned counsel appearing for second respondent submitted that as stated in Annexure-A4 affidavit and as evidenced by Annexure-A3 agreement, all dispute between petitioner and second respondent were settled and second respondent has no intention whatsoever to proceed with the case. Learned counsel appearing for petitioner submitted that in such circumstances, in the interest of justice, case be quashed. Learned Public Prosecutor submitted that there was a settlement between petitioner and second respondent and in the light of the settlement no purpose will be achieved by proceeding with the case CRMC 1833/09 3 further. 3. When it is established that there was a complete settlement of all disputes between the husband and wife and later they entered into an agreement and thereafter both of them dissolved their marriage and re- married and the second respondent has no intention to proceed with the case, it is not in the interest of justice, to proceed with the case especially when in the light of the settlement there is no chance of a successful prosecution. As held by the Apex court in B.S.Joshi and others v. State of Haryana and another (2003(4) SCC 675) technicalities shall not stand in the way and though the offence cannot be compounded under Section 320 of Code of Criminal Procedure, exercising of the powers under Section 482 of Code of Criminal Procedure, in the interest of justice the case could be quashed. Petition is allowed. Annexure-A1 FIR and Annexure-A2 charge sheet and C.C.400/2007 on the file of Judicial First Class Magistrate, Changanacherry are quashed. M.SASIDHARAN NAMBIAR, JUDGE. uj.