IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 4TH JUNE 2009 / 14TH JYAISHTA 1931 Crl.MC.No. 1769 of 2009 ---------------------------------- CC.NO.170/2009 OF JUDL.MAGISTRATE OF FIRST CLASS-I, HOSDRUG. .................... PETITIONER/ACCUSED 1 TO 3: --------------------------------------------- 1. ASHARAF T.K.B., AGED 32 YEARS, S/O.SULAIMAN, T.K.B.HOUSE, PADANNAKADAPPURAM, HOSDURG TALUK, KASARAGODE DISTRICT. 2. SAKEENA, AGED 52 YEARS, W/O.SULAIMAN, T.K.B.HOUSE, PADANNAKADAPPURAM, HOSDURG TALUK, KASARAGODE DISTRICT. 3. REHIMATH, AGED 35 YEARS, D/O.SULAIMAN, T.K.B.HOUSE, PADANNAKADAPPURAM, HOSDURG TALUK, KASARAGODE DISTRICT. BY ADV. MR.JAWAHAR JOSE. RESPONDENTS/ DEFACTO-COMPLAINANT & STATE: ---------------------------------------------------------------------------- 1. SHAMEENA MUHAMMED, AGED 22 YEARS, D/O. MUHAMMED ASHARAF, SHAJI MANZIL, KOTTAPPURAM, NEELESHWARAM, HOSDRUG TALUK, KASARAGODE DISTRICT. 2. THE STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 BY ADV. MR.A.G.ADITYA SHENOY, R2 BY PUBLIC PROSECUTOR MR. GIKKU JACOB. THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 04/06/2009,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. M.SASIDHARAN NAMBIAR, J. ================== Crl.M.C. No. 1769 of 2009 ================== Dated this the 4th day of June, 2009. O R D E R Petitioners are accused in C.C.No.170/2009 on the file of Judicial First Class Magistrate Court-I, Hosdurg. That case was taken cognizance on the complaint filed by first respondent, wife of first petitioner. The offence alleged against petitioners is under Section 498A of Indian Penal Code. This petition is filed under Section 482 of Code of Criminal Procedure to quash C.C.No.170/2009 and all further proceedings thereon contending that subsequently the dispute between petitioners and first respondent were settled amicably and they have decided to dissolve the marriage and Annexure A agreement was also entered into on the intervention of mediators and later first petitioner pronounced Thalaq and the marriage now stands dissolved and first respondent do not intend to prosecute the case further and in such circumstances, proceedings may be quashed. Crl.M.C.No.1769/2009 -2- 2. Apart from producing Annexure A agreement, a compromise petition was also filed by petitioners and first respondent together stating that they have settled the disputes and based on the compromise they decided not to prosecute the case. An affidavit of first respondent was additionally filed to that effect. First respondent has appeared through a Counsel. 3. Learned Counsel appearing for petitioners, first respondent and learned Public Prosecutor were heard. 4. On hearing learned Counsel, going through Annexure A agreement, affidavit of first respondent as well as the compromise petition it is clear that the matrimonial dispute between first petitioner and first respondent were resolved and they have jointly decided to dissolve the marriage and to resolve the disputes and entered into Annexure A agreement and also decided not to proceed with the case further. As agreed the marriage now stands dissolved. In the light of the settlement, no purpose will be Crl.M.C.No.1769/2009 -3- served by proceeding with the trial of the case as first respondent will not depose against the petitioners and in such case there is no chance of a successful conviction. Moreover when the case is one arising out of a matrimonial dispute and it was settled, the fact that the offence alleged is not compoundable shall not stand in the way of an amicable settlement between the parties. As held by the Apex Court in B.S.Joshi v. State of Haryana (2003 (4) SCC 675) irrespective of the technicalities a matrimonial offence as in this case can definitely be quashed invoking the power under Section 482 of Code of Criminal Procedure, in the interest of justice. Crl.M.C. is allowed, C.C.No.170/2009 on the file of Judicial First Class Magistrate Court-I, Hosdurg is quashed. M.SASIDHARAN NAMBIAR JUDGE dkr