IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 9TH APRIL 2010 / 19TH CHAITHRA 1932 Crl.MC.No. 1244 of 2010 --------------------------------------- CC.114/2009 of CHIEF JUDICIAL MAGISTRATE COURT, THODUPUZHA .................... PETITIONER/ACCUSED: JOCOB @ ABY, S/O.MATHEW, RESIDING AT VELUTHEDATHUPARMBIL HOUSE, KUMARAMANGALAM VILLAGE, EZHALLOOR KARA, THODUPUZHA TLAUK, IDUKKI DISTRICT. BY ADV. SRI.JOICE GEORGE RESPONDENTS/COMPLAINANT: 1. STATE OF KERALA, REPRESENED BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, THODUPUZHA POLICE STATION,THODUPUZHA.P.O., IDUKKI DISTRICT. 3. MAYAMOL,AGED 41 YEARS, D/O.CHACKO, MADAVANA HOUSE,KEERIKOD KARA, KARIKODE VILLAGE, THODUPUZHA TALUK, THODUPUZHA EAST P.O., IDUKKI DISTRICT. BY PUBLIC PROSECUTOR SRI.S.U.NAZAR FOR R1 & R2 ADV. SRI.BABY MATHEW FOR R3 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 09/04/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.1244 of 2010 -------------------------- ORDER Petitioner was the husband of the third respondent. Petitioner is the accused and third respondent, the defacto complainant in C.C.No. 114/2009 on the file of Chief Judicial Magistrate's Court, Thodupuzha. Petitioner was originally the first accused in C.C.No.101/2008. As he was absconding, the remaining two accused, the in-laws, were tried by the learned Chief Judicial Magistrate after splitting up the case against the petitioner and re-filing it as C.C.No.114/2009. By Annexure-A5 judgment, those accused were acquitted. This petition is filed under Section 482 of Code of Criminal Procedure to quash the case against the petitioner contending that entire disputes with the third respondent were settled amicably and consequent to the settlement, it is not in the interest of justice to continue the prosecution. CRMC 1244/10 2 Petitioner produced Annexure-A4, the copy of the deposition of third respondent in C.C.No.101/2008. 2. Third respondent appeared through a counsel and submitted that entire matrimonial disputes with the petitioner were settled amicably and third respondent has no objection for quashing the proceedings. 3. Learned counsel appearing for the petitioner, third respondent and learned public Prosecutor were heard. 4. Annexure-A5 judgment shows that accused 2 and 3 were acquitted after examination of the third respondent, stating that accused have not harassed her. Annexure-A4, the copy of the deposition of third respondent, when she was examined as PW1 in C.C.No.101/2008, establishes that she deposed before the learned Chief Judicial Magistrate that subsequent to the filing of the final report, entire disputes with the accused were settled amicably and consequent to the settlement, she has CRMC 1244/10 3 no subsisting grievance against any of the accused. Therefore, it is absolutely clear that no purpose will be served by directing the petitioner to undergo the ordeal of a trial, as third respondent, who is now outside India, will not give any evidence against the petitioner. In such circumstances, even if petitioner is to be tried, there is no likelihood of a successful prosecution. Such a trial would result only in unnecessary waste of valuable time of the court. Petition is allowed. C.C.No.114/2009 on the file of Chief Judicial Magistrate's Court, Thodupuzha is quashed. 9th April, 2010 (M.Sasidharan Nambiar, Judge) tkv