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. 2862 of 2009() ----------------------------------- CC.717/2005 of JUDL. MAGISTRATE OF FIRST CLASS COURT, IRINJALAKUDA .................... PETITIONERS/ACCUSED 1 AND 2: ------------------------------------------------ 1. BENNY JOSHY @ RAPPAI AGED 40 YEARS, S/O LATE DEVASSY @ JOSHY, CHIRIYANKANDATH HOUSE, P.O. KODAKARA, MUKUNDAPURAM TALUK, THRISSUR. 2. ROSILY , AGED 59 YEARS, W/O. LATE DEVASSY @ JOSHY, CHIRIYNAKANDATH HOUSE, P.O. KODAKARA, MUKUNDAPURAM TALUK, THRISSUR. BY ADV. MR.C.D.DILEEP RESPONDENTS/COMPLAINANT & STATE: ----------------------------------------------------------- 1. SEEMOL M. PATTERI, AGED 38 YEARS, D/O. PATTERI MYCLE, P.O. KOMBATHUKADAVU, PUTHINCHIRA VILLAGE, MUKUNDAPURAM TALUK, THRISSUR DISTRICT. 2. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. R2 BY PUBLIC PROSECUTOR MR.S.U. NAZAR. R1 BY ADV. MR.M.R.DHANIL THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 27/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.2862 of 2009 -------------------------- ORDER Petitioners are the accused and first respondent, the defacto complainant in C.C.No.717/2005 on the file of Judicial First Class Magistrate's Court, Irinjalakuda, taken cognizance for the offence under Section 498A read with Section 34 of Indian Penal Code. This petition is filed under Section 482 of Code of Criminal Procedure to quash the proceedings contending that all the disputes between the petitioners and first respondent were amicably settled and as the proceedings before Family Court, Thrissur was also settled under Annexure-B judgment in O.P.No.291/2005, in view of the settlement, there is no necessity to proceed with the case and it is to be quashed. 2. Annexure-B judgment shows that marriage was dissolved consequent to the amicable settlement of the disputes. It also shows that first respondent herein had agreed before Family Court to settle C.C.No. 717/2005 pending before Judicial First Class Magistrate's Court, Irinjalakuda. Crl.M.Appl.No. 4866/2009 is jointly filed by the petitioners and first CRMC 2862/2009 2 respondent reiterating the case of settlement and seeking quashing of the proceedings consequent to the settlement. 3. Learned counsel appearing for the petitioner and first respondent and learned Public Prosecutor were heard. 4. When Annexure-B judgment of the Family Court establishes the settlement, inclusive of the matrimonial disputes involved in this case and the joint petition filed further establishes that there was a complete settlement of all the disputes between the petitioners and first respondent and the offence alleged against the petitioners is a matrimonial offence and there was an amicable settlement of the matrimonial dispute, 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 stand on technicalities and proceed with the case further. Petition is allowed. C.C.No.717/2005 on the file of Judicial First Class Magistrate's Court, Irinjalakuda is quashed. 27th August, 2009 (M.Sasidharan Nambiar, Judge) tkv