IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 28TH JULY 2009 / 6TH SRAVANA 1931 Crl.MC.No. 3173 of 2007() --------------------------------------- (CRIME NO.195/04 OF TOWN SOUTH POLICE STATION,ERNAKULAM) PETITIONER(S): ACCUSED NO.1 AND 2: ----------------------------------------------------------- 1. D.ANAND, S/O.LATE M.L.DORI SWAMI, AGED 42, RESIDING AT 20/2, FIRST FLOOR, 5TH ACROSS, RAJAMMA GARDEN, VIJAY NAGAR, BANGALORE-560 040. 2. MRS.KRISHNAMMA, W/O.LATE M.L.DORI SWAMI, AGED 70, RESIDING AT 20/2, FIRST FLOOR, 5TH ACROSS, RAJAMMA GARDEN, VIJAY NAGAR, BANGALORE-560040. BY MR.T.M.MOHAMMED YOUSUFF, SENIOR ADVOCATE, SMT.MOLLY JACOB, SMT.RABIA BEEGAM T.K., MR.JOBI.A.THAMPI, SMT.T.V.SREEJA, SMT.M.KABANI DINESH, SMT.AYSHA YOUSEFF. RESPONDENT(S): DEFACTO COMPLAINANT AND STATE: ------------------------------------------------------------------------------------ 1. SELVI SHANMUGHAM, RAMESH BHAVAN, H.NO.79, GIRI NAGAR, COCHIN-682 020. 2. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. R1 BY MR.P.SANTHALINGAM, SENIOR ADVOCATE, MR.S.SHARAN. R2 BY PUBLIC PROSECURTOR MR. AMJAD ALI THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 28/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No. 3173 OF 2007 =========================== Dated this the 28th day of July,2009 ORDER Petitioners are the accused in Crime 195/2004 of Town South Police Station now pending as C.C.831/2005 on the file of Addl.Chief Judicial Magistrate, Ernakulam. The offence alleged are under section 498A and 506(ii) read with Section 34 of Indian Penal Code. First respondent is the wife of the first petitioner and the defacto complainant. Petition is filed to quash the case under section 482 of Code of Criminal Procedure. 2. Crl.M.Appl.3911/2009 is jointly filed by the petitioners and the first respondent appending Annexure A5 the compromise petition filed before the Family Court, Ernakulam stating that the disputes were already settled and in such circumstance, first respondent is not intending to prosecute the petitioners. Annexure A5 compromise petition was filed before the Family Court, Ernakulam where a petition for divorce was pending. Under Annexure A5 that petition was withdrawn and first petitioner had agreed to pay Rs.4,85,000/- Crl.M.C.3173/2007 2 towards the gold value, monthly medical expenses and compensation towards maintenance to the first respondent and first respondent had withdrawn the claim for maintenance and that in this Crl.M.C she will agree for quashing the criminal case. 3. First respondent has filed an affidavit that she has already received Rs.4,85,000/- in full satisfaction of the settlement. As the offence alleged against the petitioners is a matrimonial offence and the case is amicably settled between the petitioners and first respondent, it is not in the interest of justice to continue the proceedings. Hence the proceedings is to be quashed. Petition is allowed. C.C.831/2005 on the file of Additional Chief Judicial Magistrate Court, Ernakulam as against the petitioners is quashed. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006