IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 10TH JUNE 2009 / 20TH JYAISHTA 1931 Crl.MC.No. 1859 of 2009() ---------------------------------------- (CRIME NO.561 OF 2008 OF PALARIVATTOM POLICE STATION) PETITIONER(S): ACCUSED: ---------------------------------------- 1. T.R.PADMADAS, AGED 30, S/O.RAMACHANDRAN, THAYYIL HOUSE, NORTH JANATHA ROAD, MAMMANGALAM, PALARIVATTOM.P.O. 2. ISHA RAMACHANDRAN, AGED 57, W/O.RAMACHANDRAN, THAYYIL HOUSE, NORTH JANATHA ROAD, MAMMANGALAM, PALARIVATTOM.P.O. 3. RAMACHANDRAN, AGED 66, THAYYIL HOUSE, NORTH JANATHA ROAD, MAMMANGALAM, PALARIVATTOM.P.O. BY ADV. MR.LELLULAL T.G. RESPONDENT(S): COMPLAINANTS & STATE: ------------------------------------------------------------------- 1. SOUMYA, AGED 25, D/O.DHARMAN, SWAPNA NIVAS, KADAPPILLIL PARAMBU, NORTH JANATHA ROAD, MAMMANGALAM, PALARIVATTOM.P.O. 2. SUB INSPECTOR OF POLICE, PALARIVATTOM POLICE STATION, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 BY ADV.SMT.P.F.ROSY R2 BY PUBLIC PROSECUTOR MR. AMJAD ALI THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 10/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.SASIDHARAN NAMBIAR,J. ------------------------------------------ CRL.M.C.NO. 1859 OF 2009 ------------------------------------------ Dated 10th June 2009 O R D E R Petitioners are accused in Crime 561/2008 of Palarivattom police station. First respondent is the defacto complainant. Police registered the case after recording the statement of first respondent for the offences under Sections 342 and 498A read with Section 34 of Indian Penal Code. This petition is filed under Section 482 of Code of Criminal Procedure to quash FIR and all other proceedings, contending that the dispute between petitioners and first respondent were subsequently resolved and first respondent has no grievance against petitioners. 2. First petitioner is the husband of first respondent. Annexure-2 affidavit was filed by first respondent, sworn to before the Notary Public stating that she had filed O.P.626/2008 and 627/2008 before Family court, for divorce as well as for getting back ornaments, and first petitioner has filed O.P.644/2008 for divorce and those disputes were amicably resolved CRMC 1859/09 2 and joint petition for divorce under Section 13-B of Hindu Marriage Act was filed and first petitioner has already returned all the gold ornaments and she has no further claim against first petitioner. It is also stated that as per the settlement, she had decided not to proceed further with the crime 561/2008 and therefore, it is not necessary to further prosecute the crime. In view of the contents in Annexure-II that disputes were settled, first respondent was directed to appear. First respondent appeared through a counsel. 3. Learned counsel appearing for first respondent has re-iterated the affidavit and stated that first respondent has no intention to further prosecute the petitioners. Offences alleged against petitioners are in respect of the incident that has arisen, consequent to matrimonial dispute of first petitioner and first respondent. Annexure-2 affidavit and statement establish that dispute was subsequently resolved and first respondent has no intention to proceed against petitioners further. 4. In such circumstances, even if final report is to be filed and petitioners are to be CRMC 1859/09 3 tried, no fruitful purpose will be served, except the waste of valuable time of the court. As the dispute is with regard to the matrimonial offence when all disputes were settled as held by Apex court in B.S.Joshi and others v. State of Haryana and another (2003(4) SCC 675) it is in the interest of justice to quash the proceedings. Petition is allowed. Proceedings in crime 561/2008 of police Station as against petitioners are quashed. M.SASIDHARAN NAMBIAR, JUDGE. uj.