IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 13TH DECEMBER 2010 / 22ND AGRAHAYANA 1932 Crl.MC.No. 3990 of 2010() ------------------------------- CC.1239/2009 of JUDL.MAGISTRATE OF FIRST CLASS-I, KOLLAM CRIME NO.341/2009 OF ANCHALUMMOODU POLICE STATION, KOLLAM DISTRICT) .................... PETITIONER(S): ACCUSED 1 TO 5 --------------------------------------- 1. ALSAMEER, S/O.IBRAHIM, LEKNORE HOUSE, NEAR MUTTAPPALA CHERRY, CHEMMARUTHI VILLAGE, VARKALA, THIRUVANANTHAPURAM. 2. IBRAHIM, LEKNORE HOUSE, NEAR MUTTAPPALA CHERRY, CHEMMARUTHI VILLAGE, VARKALA, THIRUVANANTHAPURAM. 3. NADEERA, W/O.IBRAHIM, LEKNORE HOUSE, NEAR MUTTAPPALA CHERRY, CHEMMARUTHI VILLAGE, VARKALA, THIRUVANANTHAPURAM. 4. SEENATH, W/O.ANSAR, LEKNORE HOUSE, NEAR MUTTAPPALA CHERRY, CHEMMARUTHI VILLAGE, VARKALA, THIRUVANANTHAPURAM. 5. NAFEESATH, D/O.NADEERA, KARIKKINAMKUTTY HOUSE, PERIMATTAM CHERRY, VELLOORKUNNAM VILLAGE, MOOVATTUPUZHA, ERNAKULAM. BY ADV. SRI.C.RAJENDRAN svs/ ........2/-... ...2... RESPONDENT(S): DE-FACTO COMPLAINANT/STATE ------------------------------------------------------------ 1. MOOMINA, D/O.YOONUSKUNJU, THUNDATHIL, ASHTAMUDI P.O., KOLLAM – 691 001. 2. THE STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. * ADDL. R3 IMPLEADED 3. AISHA BEEVI, AGED 55 YEARS, W/O. LATE YOONUSKUNJU, RESIDING AT THUNDATHIL,ASHTAMUDI P.O., KOLLAM – 691 001. * ADDL. R3 IMPLEADED AS PER THE ORDER DATED 13/12/2010 IN CRL.MA. 7835/2010 IN CRL.MC.3990/2010. R1 BY ADV. SMT.BABY JOSE R2 BY PUBLIC PROSECUTOR SRI.I.V.PRAMOD THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 13/12/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs/ M.SASIDHARAN NAMBIAR,J. --------------------------------------------- CRL.M.C.NO.3990 OF 2010 --------------------------------------------- Dated 13th December, 2010 O R D E R Petitioners are the accused and third respondent, the de facto complainant in C.C.1239/2009 on the file of Judicial First Class Magistrate's Court-I, Kollam, taken cognizance for the offence under Section 498 A read with Section 34 of Indian Penal Code. First petitioner and first respondent are husband and wife. Petition is filed under Section 482 of Code of Criminal Procedure to quash the proceedings pending before the learned Magistrate contending that entire matrimonial disputes were settled amicably and consequent to the settlement, it is not in the interest of justice to continue the prosecution. 2. First respondent appeared through a Crmc 3990/10 2 counsel and filed an affidavit stating that entire matrimonial disputes were settled amicably and consequent to the settlement, it is not in the interest of justice to continue the prosecution. Affidavit is filed by additional third respondent stating that she has settled all the disputes with the petitioners. 3. Though as per Annexure-A2 final report, offence under Section 498 A of Indian Penal Code alone is alleged, prosecution case is that simple hurt was caused to the mother of the first respondent also. It is in such circumstances, third respondent was impleaded to show that the matter has been settled with third respondent also. As held by the Apex Court in B.S.Joshi and others v. State of Haryana and another (2003(4) SCC 675) and Madan Mohan Abbot v. State of Punjab (2008 (3) KLT 19 Crmc 3990/10 3 (SC), when matrimonial and all other disputes were settled amicably, it is not in the interest of justice to stand on technicalities and continue the prosecution. Affidavit filed by the first respondent, wife establishes that entire matrimonial disputes were settled. Offence under Section 323 of Indian Penal Code is compoundable. Affidavit filed by third respondent establishes that she has compounded the offence under Section 323 of Indian Penal Code with the petitioners. In such circumstances, it is not in the interest of justice to continue the prosecution. Petition is allowed. C.C.1239/2009 on the file of Judicial First Class Magistrate's Court-I, Kollam is quashed. M.SASIDHARAN NAMBIAR, JUDGE. uj.