IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 10TH DECEMBER 2010 / 19TH AGRAHAYANA 1932 Crl.MC.No. 4836 of 2010() ------------------------------------ CC.2108/2008 of JUDL. MAGISTRATE OF FIRST CLASS COURT, IRINJALAKUDA CRIME NO.334/2008 OF IRINJALAKUDA POLICE STATION. .................... PETITIONER/ACCUSED: ---------------------------------- SANGAMESWARAN, S/O.NARAYANAN NAIR, AGED 44 YEARS, POTTAYIL HOUSE, KORUMBUSSERRY DESOM, P.O.IRINJALAKUDA, THRISSUR DISTRICT BY ADV. SRI.RAJESH CHAKYAT RESPONDENT/COMPLAINANT: -------------------------------------------- 1. P. SARITHA, AGED 41 YEARS, D/O.PARRAMBATH NARAYANAN, CHULLIKKATTIL HOUSE, NEAR IRINJALAKUDA BUS STAND, P.O.IRINJALAKUDA, THRISSUR DISTRICT. 2. THE SUB INSPECTOR OF POLICE, IRINJALAKUDA ,THRISSUR DISTRICT REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. R2 BY PUBLIC PROSECUTOR MR.I.V. PRAMOD. R1 BY ADV. SRI.A.C.MOHANAKRISHNAN. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 10/12/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs M.SASIDHARAN NAMBIAR,J. --------------------------------------------- CRL.M.C.NO.4836 OF 2010 --------------------------------------------- Dated 10th December, 2010 O R D E R Petitioner is the accused and first respondent, the de facto complainant in C.C.2108/2008 on the file of Judicial First Class Magistrate's Court, Irinjalakuda, taken cognizance for the offence under Section 498 A on Annexure-2 final report. Petitioner is the husband and first respondent, the wife. Petition is filed under Section 482 of Code of Criminal Procedure to quash the proceedings 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 Crmc 4836/10 2 through a counsel and filed an affidavit stating that entire matrimonial disputes were settled amicably and consequent to the settlement, she has no grievance against the petitioner and hence the case is to be quashed. Additionally a joint petition is filed by the petitioner and first respondent, seeking permission to compound the offence. As an offence under Section 498 of Indian Penal Code is not compoundable, permission cannot be granted to compound the offence. 3. As held by the Apex Court in B.S.Joshi and others v. State of Haryana and another (2003(4) SCC 675), when matrimonial 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 Crmc 4836/10 3 establishes that all matrimonial disputes were settled amicably. Petition is allowed. C.C.2108/2008 on the file of Judicial First Class Magistrate's Court, Irinjalakuda is quashed. M.SASIDHARAN NAMBIAR, JUDGE. uj.