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. 3130 of 2009 ---------------------------------- [CC.NO.828/2008 OF JUDL. MAGISTRATE OF FIRST CLASS COURT-II, ATTINGAL, CRIME NO. 126/2008 OF KAZHAKKUTTOM POLICE STATION] .................... PETITIONERS/ ACCUSED TO 1 TO 4: ---------------------------------------------------- 1. KUNJUMON, S/O.UNNI,MANAKKATUVILAKOM HOUSE KARIYAL, VVETTUROAD, KAZHAKKUTTOM, THIRUVANANTHAPURAM. 2. KOUSALYA, W/O.UNNI, -DO- -DO- 3. UNNI, -DO- -DO- 4. SINDHU, W/O.JAYAN -DO- -DO- BY ADVS. MR.G.P.SHINOD, MR.RAM MOHAN.G. RESPONDENTS/STATE & DEFACTO COMPLAINANT: --------------------------------------------------------------------------- 1. STATE OF KERALA, REP.BY ITS PUBLIC PROSECUTOR AT THE HIGH COURT OF KERALA, ERANAKULAM. 2. SALINI, D/O. GOURI, MANAKKAT VILAKOM HOUSE, KARIYAL, KAZHAKKUTTOM, THIRUVANANTHAPURAM. R1 BY PUBLIC PROSECUTOR MR. S.U. NAZAR, R2 BY ADVS. MR.M.R.RAJESH, MRBIJU S.S. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 29/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No.3130 OF 2009 =========================== Dated this the 29th day of September,2009 ORDER Petitioners are the accused and second respondent the de facto complainant in C.C.828/2008 on the file Judicial First Class Magistrate Court -II, Attingal. Annexure A F.I.R was registered on the complaint filed by the second respondent before Judicial First Class Magistrate, Attingal and sent for investigation under section 156(3) of Code of Criminal Procedure for the offence under section 494, 498A read with section 34 of Indian Penal Code. After investigation Annexure B charge sheet was filed and the learned Magistrate has taken cognizance for the offence under section 498A read with section 34 IPC. This petition is filed under section 482 of Code of Criminal Procedure to quash the proceedings contending that the entire matrimonial disputes with the second respondent were settled amicably and all pending disputes were settled before the Family Court in O.P.493/2008 and 593/2008 and in such circumstance it is not in the interest of justice to continue the prosecution. Crl.M.C.3130/2009 2 2. Second respondent appeared through a counsel and also filed Annexure C affidavit stating that the entire matrimonial disputes were settled and in view of the settlement arrived at before the Family Court second respondent has no objection for quashing the proceedings. 3. Learned counsel appearing for the petitioners, second respondent and learned Public Prosecutor were heard. 4. Annexure B final report establish that the offences alleged against petitioners are matrimonial offences. Annexure C affidavit along with the submissions of the counsel appearing for the petitioners and second respondent establish that the entire matrimonial disputes were settled amicably and second respondent is not now interested in prosecuting the case. 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 with the prosecution for the matrimonial offence. Even if the ordeal of trial is to be undertaken, consequent to the settlement of the disputes, there is no chance for a successful prosecution. It would only result in unnecessary waste of valuable time of the court. Petition is allowed. C.C.828/2008 on the file of Crl.M.C.3130/2009 3 Judicial First Class Magistrate-II, Attingal is quashed. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006