IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 3RD DECEMBER 2009 / 12TH AGRAHAYANA 1931 Crl.MC.No. 3803 of 2009() ------------------------- CC.600/2009 of JUDL.MAGISTRATE OF FIRST CLASS COURT-I, MUVATTUPUZHA. CR.NO.98/2001 OF MUVATTUPUZHA POLICE STATION. .................... PETITIONER/ACCUSED IN CC.600/09 ON THE FILE OF THE JFCM, MUVATTUPUZHA: ----------------------------------------------------------------------------------------------------------------------- RASSAL BABU, S/O.IBRAHIM BAVA PADINJARECHALIL HOUSE, NO.4/563, MEKADAMBU PO KADATHI, MUVATTTUPUZHA, NOW RESIDING AT PADINJARECHALIL, KIZHAKKEKARA,MUVATTUPUZHA. BY ADV. MR.C.Y.VINOD KUMAR RESPONDENTS/STATE & COMPLAINANT: ----------------------------------------------------------- 1. STATE OF KERALA, REP BY THE SUB INSPECTOR OF POLICE MUVATTUPUZHA POLICE STATION, CR.98/2001 OF MUVATTUPUZHA POLICE STATION, REPRESENTED BY THE STATE PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. JEENA, AGED 27 YEARS D/O.K.M. ABOOBACKER KOLLIYIL HOUSE, ILLATHUPADI, EDAVANAKAD, ERNAKULAM DISTRICT. R1 BY PUBLIC PROSECUTOR MR.P.A. SALIM. R2 BY ADV. MR.K.A.JALEEL THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. M.SASIDHARAN NAMBIAR,J. ------------------------------------------ Crl.M.C.NO.3803 OF 2009 ------------------------------------------ Dated 3rd December 2009 O R D E R Petitioner is the accused and second respondent, the de facto complainant in C.C.600/2009 on the file of Judicial First Class Magistrate-I, Muvattupuzha which was taken cognizance as C.C.561/2001, for the offence under Sections 403 and 498 A read with Section 34 of Indian Penal Code under Annexure-A final report. This petition is filed under Section 482 of Code of Criminal Procedure to quash the proceedings contending that entire matrimonial disputes with second respondent were settled amicably and in view of the settlement, it is not in the interest of justice to continue the prosecution. 2. Second respondent appeared through a counsel and filed an affidavit stating that all the matrimonial disputes were settled amicably and a compromise petition was filed before the Family court stating that all the disputes were settled and in view Crmc 3803/09 2 of the settlement, petitioner has no objection for quashing the proceedings. 3. Annexure-A final report shows that case as against the petitioner is only for matrimonial offences. Annexure-B compromise petition filed before Family court, Ernakulam in O.P.16/2002 with the affidavit of second respondent establish that there has been an amicable settlement of all the matrimonial disputes. As held by the Apex court in B.S.Joshi and others v. State of Haryana and another (2003(4) SCC 675) when there has been settlement of matrimonial disputes, it is not in the interest of justice to stand on technicalities and continue the prosecution when ultimately consequent to the settlement there is no likelihood of a successful prosecution. Petition is allowed. C.C.600/2009 on the file of Judicial First Class Magistrate-I, Muvattupuzha is quashed. M.SASIDHARAN NAMBIAR, JUDGE. uj.