IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 30TH JULY 2009 / 8TH SRAVANA 1931 Crl.MC.No. 2484 of 2009() ----------------------------------- OP.456/2009 of FAMILY COURT, ERNAKULAM. CRIME NO.551/2009 OF ALUVA POLICE STATION. .................... PETITIONERS/ACCUSED 1 TO 3 --------------------------------------------- 1. SAJEEV, AGED 26 YEARS, S/O.ADIMAKUNJU, THANDIKKAPARAMBU HOUSE, KODIKUTHU MALA, ASOKAPURAM P.O., ALUVA, ERNAKULAM DISTRICT. 2. ADIMAKUNJU, AGED 62 YEARS, THANDIKKAPARAMBU HOUSE, KODIKUTHU MALA, ASOKAPURAM P.O., ALUVA, ERNAKULAM DISTRICT. 3. CHITHU, AGED 60 YEARS, W/O.ADIMAKUNJU, THANDIKKAPARAMBU HOUSE, KODIKUTHU MALA, ASOKAPURAM P.O., ALUVA, ERNAKULAM DISTRICT. BY ADV. MR.E.C.POULOSE SMT.BOBBY RAPHEAL.C RESPONDENTS/STATE AND DEFACTO COMPLAINANT ------------------------------------------------------------------------------ 1. STATE OF KERALA, REP. BY THE SUB INSPECTOR OF POLICE, ALUVA POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUBITHA, AGED 19 YEARS, D/O.SHERIEF, CHERUKATTIL HOUSE, KUNDOOR P.O., MALA, THRISSUR DISTRICT. R1 BY PUBLIC PROSECUTOR MR.B. VINOD. R2 BY ADV. MR.T.P.SANTHOSH KUMAR. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 30/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.2484 of 2009 -------------------------- ORDER Petitioners are the accused and second respondent, the defacto complainant in Crime No.551/2009 of Aluva Police Station, registered for the offence under Section 498A of Indian Penal Code on Annexure-A1 compliant filed by the second respondent before Judicial First Class Magistrate's Court, Aluva and forwarded for investigation to the police under Section 156(3) of Code of Criminal Procedure. 2. O.P.No.456/2009 for return of gold ornaments, O.P.No.311/2009 for divorce and M.C.No.69/2009 for maintenance were filed by the second respondent before Family Court, Ernakulam. Annexure-A3 compromise petition was filed in O.P.No.456/2009. Annexures-A4 and A5 not press memos were also filed in O.P.No.311/2009 and M.C.No.69/2009. 3. This petition is filed under Section 482 of Code of Criminal Procedure to quash Annexure-A2 FIR and the proceedings, contending that in view of the settlement, there is no necessity to continue the CRMC 2484/09 2 proceedings. Annexure-A6 affidavit is filed by the second respondent stating that the entire disputes between the petitioners and second respondent were amicably settled and in view of the settlement, she has no objection for quashing the proceedings. Second respondent is represented by a counsel. 4. Annexure-A3 compromise petition and Annexures- A4 and A5 not press memos filed before Family Court and Annexure-A6 affidavit of the second respondent establish that there was an amicable settlement of all the disputes between the petitioners and second respondent. In such circumstances, 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 proceed with the case. Petition is allowed. Annexure-A2 FIR in Crime No. 551/2009 of Aluva Police Station as against the petitioners is quashed. 30th July, 2009 (M.Sasidharan Nambiar, Judge) tkv