IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 30TH SEPTEMBER 2009 / 8TH ASWINA 1931 Crl.MC.No. 3090 of 2009 --------------------------------------- CC.412/2008 of CHIEF JUDICIAL MAGISTRATE, KASARAGOD .................... PETITIONERS/ACCUSED 1 TO 3: 1. SUDHEESH KUMAR, S/O. NARAYAN POOJARY, RESIDING AT UJJODI THAK HOUSE, POST KANKANDY, MANGALORE, DAKSHINA KANNAD DIST. 2. NARAYAN POOJARY, AGED ABOUT 65 YEARS, DO.............DO........ 3. BHANUMATHI, W/O. NARAYANA POOJARY DO.........DO.......... BY ADV. SRI.M.RAMESH CHANDER SRI.ANEESH JOSEPH RESPONDENTS/COMPLAINANT & STATE: 1. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. P.CHITHRASHREE, D/O. VENAKAPPA POOJARY, AGED ABOUT 25 YEARS, MANNAGADHE HOUSE, PATHUR VILLAGE & POST, VIA MANJESHWAR, KASARGOD TALUK & DIST. BY PUBLIC PROSECUTOR SRI.S.U.NAZAR FOR R1 BY ADV. SRI.SIJI ANTONY FOR R2 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 30/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.3090 of 2009 -------------------------- ORDER Petitioners are the accused and second respondent, the defacto complainant in C.C.No.412/2008 on the file of Chief Judicial Magistrate's Court, Kasargod, taken cognizance for the offence under Section 498A read with Section 34 of Indian Penal Code on Annexure-A1 final report. First petitioner is the husband of the second respondent and petitioners 2 and 3 are his parents. Annexure-A2 agreement executed by the petitioners and second respondent is produced to show that there was a complete settlement of all the matrimonial disputes. This petition is filed under Section 482 of Code of Criminal Procedure to quash the proceedings contending that as the entire matrimonial disputes were amicably settled, it is not in the interest of justice to continue the prosecution. 2. Petitioners have earlier filed Crl.M.C.No. 1683/2009, which was disposed under Annexure-A3 order with liberty to file a joint statement to quash the CRMC 3090/09 2 proceedings and this petition is filed thereafter. Second respondent appeared through a counsel. 3. Learned counsel appearing for the petitioners, second respondent and learned Public Prosecutor were heard. 4. Annexure-A2 agreement with the submission of the learned counsel appearing for the second respondent establish that there was a complete settlement of the matrimonial disputes between the parties. As held by the Apex Court in B.S.Joshi v. State of Haryana ((2003) 4 SCC 675), when the matrimonial disputes were amicably settled, it is not in the interest of justice to continue the prosecution. Petition is allowed. C.C.No.412/2008 on the file of Chief Judicial Magistrate's Court, Kasargod as against the petitioners is quashed. 30th September, 2009 (M.Sasidharan Nambiar, Judge) tkv