IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 18TH SEPTEMBER 2009 / 27TH BHADRA 1931 Crl.MC.No. 2909 of 2009 ---------------------------------- (CRIME NO. 775/2008 OF KONNI POLICE STATION) ......... PETITIONERS/ ACCUSED NO. 1 TO 3: ----------------------------------------------------- 1. SREERAJ, AGED 29 YEARS, S/O.RAVEEDNRAN NAIR, KODUMTHARA PUTHEN VEETIL,KONNI THAZHAM MURI, IRAVON VILLAGE, PATHANAMTHITTA. 2. RAVEEDNRAN NAIR, AGED 54 YEARS, S/O.GOPINATHAN NAIR, KODUMTHARA PUTHEN VEETIL, KONNI THAZHAM MURI,IRAVON VILLAGE, PATHANAMTHITTA DISTRICT. 3. SARASAMMA, AGED 53 YEARS, W/O.RAVEEDNRAN NAIR, KODUMTHARA PUTHEN VEETIL, KONNI THAZHAM MURI,IRAVON VILLAGE, PATHANAMTHITTA DISTRICT. BY ADV. MR.V.SETHUNATH. RESPONDENTS/COMPLAINANT/DE-FACTO COMPLAINANT/STATE: ------------------------------------------------------------------------------------------------ 1. ASWANI NAIR, AGED 22, D/O.KOMALA KUMARI, RESIDING AT KOMALA BAHAVAN, VETTOOR MURI, PRAMADOM VILLAGE, KOZHENCHERRY TALUK, PATHANAMTHITTA DISTRICT. 2. THE SUB INSPECTOR OF POLICE, KONNI POLICE STATION. 3. STATE OF KERALA, REPRESENTED BY THE PUBLIC POSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. R1 BY ADV. MR. MURALEEDHARAN UNNITHAN, R2 & R3 BY PUBLIC PROSECUTOR MR. AMJAD ALI. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.2909 of 2009 -------------------------- ORDER Petitioners are the accused in Crime No.775/2008 of Konni Police Station, registered under Annexure-1 FIR, based on Annexure-2 complaint filed by the first respondent and sent for investigation under Section 156 (3) of Code of Criminal Procedure, for the offence under Section 498A read with Section 34 of Indian Penal Code. First respondent is the wife of first petitioner and petitioners 2 and 3 are his parents. This petition is filed under Section 482 of Code of Criminal Procedure to quash the prosecution contending that in view of the settlement of the disputes between the petitioners and first respondent, it is not in the interest of justice to continue with the prosecution. Annexure-5 affidavit of the first respondent, the defacto complainant, is to the effect that the entire disputes between the parties were settled and first respondent has no subsisting grievance against the petitioners and has no objection for quashing the proceedings. CRMC 2909/09 2 2. Learned counsel appearing for the petitioners and first respondent and learned Public Prosecutor were heard. 3. Learned Public Prosecutor also submitted that the matter has been settled between the parties. 4. When the offence alleged is a matrimonial offence and affidavit of the first respondent establish that there was a complete settlement of the disputes between the parties, 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, when ultimately, consequent to the settlement, chances of a successful prosecution is very bleak. In such circumstances, petition is allowed. Crime No.775/2008 of Konni Police Station as against the petitioners is quashed. 18th September, 2009 (M.Sasidharan Nambiar, Judge) tkv