IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 19TH NOVEMBER 2009 / 28TH KARTHIKA 1931 Crl.MC.No. 3730 of 2009() ------------------------- (CRIME NO.113/2008 OF KATHIROOR POLICE STATION) PETITIONERS: DEFACTO COMPLAINANT/ACCUSED NO.1 TO 4 & 6 TO 10 -------------------------------------------------------------- 1. VINISHA VIJAYAN,AGED 23,W/O.SUNNY, VRAMANGALATH HOUSE, PINARAYI AMSOM, KAVUMBHAGAM,THALASSERY. 2. SUNNY,S/O.KRISHNAN,AGED 35,SONIA NIVAS, KATHIROOR AMSOM,PULLIYODE,THALASSERY. 3. C.SANTHA,AGED 61,W/O.KRISHNAN, -DO- 4. SHERIN,AGED 35,H/O.SOINA, -DO- 5. SAILESH,S/O.BALAN,AGED 31,KOTTARATHIL VEEDU,KATHIROOR AMSOM,PULIYODE,THALASSERY. 6. K.SREEJITH,S/O.KANNAN,AGED 31,KALLUKOTHU PARAMBU,KATHIROOR AMSOM,THALASSERY. 7. SIBINESH.M,AGED 28,S/O.BALAN,THUNDIKANDI HOUSE, KATHIROOR AMSOM,PULIYODE,THALASSERY. 8. P.P.SUDHEER KUMAR,AGED 43,S/O.M.C.BALAN, NANDANAM,KATHIROOR,PULIYODE,THALASSERY. 9. T.V.MOHANAN,AGED 42,S/O.KRISHNA PANICKER THAZHE VEEDU,KATHIROOR AMSOM,PULLIYODE, THALASSERY. 10. T.K.RATHI,AGED 41,D/O.KANARAN, PARAMBATH HOUSE,KATHIROOR,PULLIYODE, THALASSERY. BY ADV. SRI.K.S.MADHUSOODANAN SRI.K.VISWAN SMT.K.M.RAMYA RESPONDENTS: FORMAL PARTY/COMPLAINANT --------------------------------------- 1. STATE OF KERALA TO BE REP.BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, KATHIROOR POLICE STATION,KATHIROOR, KANNUR. BY PUBLIC PROSECUTOR SRI.S.U.NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 19/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.SASIDHARAN NAMBIAR, J. ----------------------------- Crl.M.C No.3730 of 2009 ------------------------------ Dated this the 19th day of November, 2009. O R D E R First petitioner is the defacto complainant and petitioners 2 to 10 are accused 1 to 4 in Crime No.113/2008 of Kathiroor Police Station, taken cognizance of the offence under Section 498A, 315, 406, 354 r/w Section 34 of the Indian Penal Code, Crime No.113/2008 was registered on Annexure 1 FIR based on the first information statement of the first petitioner, wife of the second petitioner. After the investigation, Annexure II final report was filed alleging that the accused committed offence under Section 498A, 315, 406, 354 r/w Section 34 of the Indian Penal Code. The petitioners jointly filed the petition under Section 482 of the Code of Criminal Procedure to quash the proceedings contending that the entire matrimonial disputes were settled between them and in view of the settlement it is not in the interest of justice to continue with the prosecution. 2. The learned counsel appearing for the petitioners and the learned Public Prosecutor were heard. 3. The offence alleged against the accused are based on a complaint raised by the first petitioner wife. The offences alleged are matrimonial offences or offences connected with the matrimonial Crl.M.C No.3730 of 2009 : 2 : dispute. The entire matrimonial disputes are settled between the first petitioner wife and the second petitioner husband and his relatives, as is clear from the joint petition filed. As held by the Apex Court in Joshi V. State of Hariyana (2003(2) KLT 1062 ) when the matrimonial disputes are settled amicably, it is not in the interest of justice to continue the prosecution standing on technicalities. When ultimately, consequent to the settlement chances of a successful prosecution is very bleak, the case can only be quashed. This petition is allowed. C.P.26/2009 on the file of the Additional Chief Judicial Magistrate, Thalassery is quahsed. Sd/- M.SASIDHARAN NAMBIAR, JUDGE //True Copy// PA to Judge ab