IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 29TH SEPTEMBER 2009 / 7TH ASWINA 1931 Crl.MC.No. 3096 of 2009() --------------------------------------- (CRIME NO.234/09 OF CHALAKKUDI POLICE STATION) PETITIONER(S): ACCUSED PERSONS: --------------------------------------------------------- 1. ANNAM, W/O. THOMMAN, AGED 62, IYYANNAM HOUSE, KANJIRAPPILLY PARIYARAM VILLAGE, THRISSUR. 2. LYSSA, W/O. CRENSLIN JOSEPH, PAZHAMADAM HOUSE, NEAR MADHURA MARBLES,EDAPPALLY. 3. KURIYAKOSE, S/O. RAPPAI, IST FLOOR, ASHIM APARTMENT, NEAR KSRTC BUS STAND, CHALAKKUDY, BY ADVS. MR.K.R.VINOD, SMT.M.S.LETHA RESPONDENT(S): --------------------------- 1. STATE OF KERALA,REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. 2. BINDU @ MARY SHINI, W/O. JOSHI, IYYANNAM HOUSE, KANJIRAPPILLY,PARIYARAM VILLAGE, THRISSUR. R1 BY PUBLIC PROSECUTOR MR. S.U.NAZAR R2 BY ADV. MR.T.JEEJAN THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 29/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No.3096 OF 2009 =========================== Dated this the 29th day of September,2009 ORDER Petitioners are the accused and second respondent the de facto complaint. Crime No.234/2009 of Chalakkudi Police Station was registered on the basis of Annexure A1 complaint filed before the Judicial First Class Magistrate, Chalakkudi which was sent for investigation under Annexure A2 F.I.R for the offence under section 498A read with section 34 of Indian Penal Code. First petitioner is the mother-in-law and second petitioner the sister-in-law of the second respondent. Third petitioner is a distant relative. This petition is filed under section 482 of Code of Criminal Procedure to quash Annexure A2 F.I.R and the proceedings taken pursuant to therein contending that the entire dispute with the second respondent and petitioners were settled amicably. 2. Second respondent appeared through a counsel. A joint statement is also filed by the second respondent along with the petitioners stating that the entire disputes with the petitioners were amicably Crl.M.C.3096/2009 2 settled and second respondent has no subsisting complaint against the petitioners and in such circumstance, the case be quashed. 3. Learned counsel appearing for the petitioners second respondent and learned Public Prosecutor were heard. 4. The joint statement filed by the petitioners and second respondent establish that the entire disputes between the petitioners and second respondent were amicably settled. Annexure A1 complaint establish that offence alleged is of matrimonial dispute. As held by the Apex Court in B.S. Joshi v. State of Haryana (2003(4) SCC 675) when the matrimonial dispute is amicably settled it is not in the interest of justice to continue with the prosecution. In such circumstances, petition is allowed. Annexure A2 F.I.R and the proceedings initiated thereunder are quashed. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006