IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS FRIDAY, THE 23RD APRIL 2010 / 3RD VAISAKHA 1932 Crl.MC.No. 1339 of 2010() ----------------------------------- C.C.NO.667/2009 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, WADAKKANCHERY. CRIME NO.278/2009 OF PAZHAYANNUR POLICE STATION. .................. PETITIONERS/ACCUSED ----------------------------------- 1. SANDEEP, S/O.PONNUKUTTAN NAIR, THANKAMMA NILAYAM, MULLACKAL POST, KAVUSSERY (NOW RESIDING AT JG 2/25, GROUND FLOOR, VIKASPURI, NEW DELHI-110 018. 2. PONNUKUTTAN NAIR, THANKAMMA NILAYAM, MULLACKAL POST, KAVUSSERY. 3. THANKAMMA, W/O.PONNUKUTTAN NAIR, -DO- -DO- 4. SANTHOSH, S/O.PONNUKUTTAN NAIR, -DO- -DO- 5. DIVYA, W/O.SANTHOSH, -DO- -DO- 6. SAJEESH, S/O.PONNUKUTTAN NAIR, -DO- -DO- BY ADV. SMT.T.D.RAJALAKSHMI, SRI.R. SREEHARI. RESPONDENTS/COMPLAINANT & STATE ----------------------------------------------------------- 1. SAVITHA, D/O.SASEENDRAN.U.P., CHAITHRAM, KANIYARKODE, TIRUVILWAMALA, THRISSUR DISTRICT. (NOW RESIDING AT JG 2/25, GROUND FLOOR, VIKASPURI, NEW DELHI-110 018). 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 BY ADV. SRI.K.RAJESH SUKUMARAN. R2 BY PUBLIC PROSECUTOR SRI.M.R. VENUGOPAL. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23/04/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. M.L. JOSEPH FRANCIS, J. = = = = = = = = = = = = = = = Crl.M.C. No.1339 of 2010 = = = = = = = = = = = = = = = Dated this the 23rd day of April, 2010. O R D E R The petitioners are the accused in C.C.667/09 on the file of the Judicial First Class Magistrate, Wadakkanchery which is registered on the basis of a complaint filed by the 1st respondent alleging commission of offence punishable u/s 498A read with S.34 IPC. The 1st petitioner is the husband of the 1st respondent and petitioners 2 and 3 are the parents of the 1st petitioner. Petitioners 4 and 6 are the brothers of the 1st petitioner and 5th petitioner is the wife of the 4th petitioner. It is further submitted that after the registration of Crime No.278/09 by the Pazhayannur Police Station the subject matter of the dispute has been discussed between the parties and amicably settled and from November 2009 the 1st petitioner and the 1st respondent are residing together as husband and wife and are residing now Crl.M.C. No.1339 of 2010 -2- at Vikaspuri, New Delhi. Even though the matter has been settled amicably since the offence alleged is non compoundable in nature the petitioners are barred from approaching the learned Magistrate for pre-mature termination of the proceedings. Hence this petition is for pre-mature termination of C.C 667/09 of Judicial First Class Magistrate, Wadakkanchery in terms of the decision of the Hon'ble Supreme Court of India, as the matter has been settled. 2. The 1st respondent filed an affidavit stating that the matter has been amicably settled and they are residing together since November 2009 and that she has no objection in quashing the proceedings in C.C.667/09 on the file of the Judicial First Class Magistrate, Wadakkanchery. 3. Since the dispute between husband and wife is amicably settled and both parties are residing together peacefully as husband and wife the criminal proceedings have to be quashed to secure ends of justice and to prevent abuse of process of Court. Crl.M.C. No.1339 of 2010 -3- 4. Accordingly the proceedings in C.C.667/09 on the file of the Judicial First Class Magistrate, Wadakkanchery are quashed by allowing this petition. Crl.M.C. is allowed to that extent. M.L. JOSEPH FRANCIS, JUDGE. ul/-