IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 30TH JULY 2009 / 8TH SRAVANA 1931 WP(C).No. 31882 of 2008(U) ------------------------------------- CC.469/2008 of J.M.F.C.-II,NEDUMANGAD .................................................. PETITIONER(S): ----------------------- 1. T.L.VINOD, S/O.R.THOMAS, AGED 30, RESIDING AT VIMA, KODUNGANUR, VATTIYOORKAVU, THIRUVANANTHAPURAM-695013. 2. THOMAS.R, S/O.RAJAMMA, AGED 61, RESIDING AT VIMA, KODUNGANUR, VATTIYOORKKAVU, THIRUVANANTHAPURAM-695013. 3. LILLY THOMAS, W/O.R.THOMAS, AGED 52 YRS, RESIDING AT VIMA, KODUNGANNUR, VATTIYOORKKAVU, THIRUVANANTHAPURAM-695013. BY ADV. SRI.P.SOMACHUDAN NAIR RESPONDENT(S): ------------------------ VINEETHA RANI, W/O.R.VINOD, AGED 25, RESIDING AT VINEETHA BHAVAN, POTTAYIL,MALAYINKAL VILAVOORKAL, THIRUVANANTHAPURAM. ADV. SMT.K.KUSUMAM FOR R1 SMT.NISHI.S. FOR R1 SMT.S.RASHEEDA FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO.31882/2008-U APPENDIX PETITIONERS' EXHIBITS: EXT.P1 COPY OF OUT PATIENT CARD AND MEDICAL BILLS EXT.P2 COPY OF CRIMINAL COMPLAINT NO.3565/2006 DT.31-5-2006 OF JFMC, KATTAKKADA. EXT.P3 COPY OF REFER REPORT DT. 11-9-06 IN CRL.177/06 OF VATTIYOORKKAVU POLICE STATION. EXT.P4 COPY OF RENT DEED DT. 1-10-2006. EXT.P5 COPY OF RENT RECEIPT DT. 3-11-2006. EXT.P6 COPY OF RENT RECEIPT DT. 2-12-2006. EXT.P7 COPY OF PROTEST COMPLAINT PETITION DT.22-1-07 FILED BY RESPONDENT. EXT.P8 COPY OF SUMMONS IN CC.NO.469/2008 ISSUED BY JFMC-II, NEDUMANGAD TO 2ND PETITIONER RESPONDENT'S EXHIBITS: EXT.R1 COPY OF PLAINT IN OP 508/06 OF FAMILY COURT, THIRUVANANTHAPURAM EXT.R2 COPY OF MEDICAL CERTIFICATE EXT.R3 COPY OF SUIT NOTICE ISSUED BY 1ST PETITIONER TO RESPONDENT. //TRUE COPY// PA TO JUDGE. M.SASIDHARAN NAMBIAR,J. ------------------------------------------ W.P.C.NO.31882 OF 2008 ------------------------------------------ Dated 30th July 2009 O R D E R Petitioners are accused and respondent the complainant in C.C.469/2008 on the file of Judicial First Class Magistrate-II, Nedumangad. Ext.P7 protest complaint filed by respondent alleging that petitioners committed offence under Section 498 A read with Section 34 of Indian Penal Code and the refer report submitted after investigation cannot be accepted as there was no proper investigation. Judicial First Class Magistrate after recording sworn statement of the respondent took cognizance of the offence under Section 498 A read with Section 34 and issued summons to the petitioners. Petitioners filed this petition under Article 226 and 227 of Constitution of India for a writ of certiorari or direction to quash Ext.P7 protest complaint and the proceedings initiated thereunder. 2. First respondent filed an affidavit stating that the dispute with first petitioner husband WPC 31882/08 2 was settled amicably and Family court, Thiruvananthapuram in O.P.570/2006 has already dissolved their marriage and under the settlement parties have agreed to settle all other cases pending before Family court as well as Judicial First Class Magistrate, Nedumangad and in view of the settlement respondent has no objection for quashing the proceedings. 2. Though an offence under Section 498 A of Indian Penal Code is not compoundable, as held by the Apex court in B.S.Joshi and others v. State of Haryana and another (2003(4) SCC 675) when a matrimonial dispute is settled between the parties, it is not in the interest of justice to stand on technicalities and geopardise the settlement arrived at by the parties. When respondent herself admitted the settlement and submitted that she has no objection for quashing the proceedings, in view of the amicable settlement arrived at, the cognizance taken by the learned Magistrate on the protest complaint of the respondent and that too after a refer report was filed by the police, it is not in the interest of justice to continue the proceedings. WPC 31882/08 3 Petition is allowed. C.C.469/2008 taken cognizance on Ext.P7 protest complaint on the file of Judicial First Class Magistrate-II, Nedumangad is quashed. M.SASIDHARAN NAMBIAR, JUDGE. uj.