IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 7TH SEPTEMBER 2010 / 16TH BHADRA 1932 Crl.MC.No. 3612 of 2010() ------------------------------------ C.C.NO.472/2000 OF ADDITIONAL CHIEF JUDICIAL MAGISTRATE COURT, THIRUVANANTHAPURAM. ...................... PETITIONERS/ACCUSED ------------------------------------ 1. SREEKUMARAN NAIR, CHERUKUNNATHU VEEDU, WARD NO.11, HOUSE NO.88, ULLOOR PANCHAYATH, MOSQUE LANE, KESAVADASAPURAM, THIRUVANANTHAPURAM. 2. RADHAMMA, W/O. SOMASEKHARAN NAIR, CHERUKUNNATHU VEEDU, WARD NO.11, HOUSE NO.88, ULLOOR PANCHAYATH, MOSQUE LANE, KESAVADASAPURAM, THIRUVANANTHAPURAM. 3. GANESH KUMAR, S/O. SOMASEKHARAN NAIR, CHERUKUNNATHU VEEDU, WARD NO.11, HOUSE NO.88, ULLOOR PANCHAYATH, MOSQUE LANE, KESAVADASAPURAM, THIRUVANANTHAPURAM. BY ADV. SRI.M.RAJAGOPALAN NAIR RESPONDENTS/STATE AND COMPLAINANT ---------------------------------------------------------------- 1. STATE OF KERALA - REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN-682 031. 2. ZEETA, D/O. VIJAYALAKSHMI, SURAJ HOUSE, TC NO.14/1742, PALAYAM WARD, THYCAUD VILLAGE, GANAPATHY KOVIL ROAD, VAZHUTHACAUD, THIRUVANANTHAPURAM-695 001. R1 BY PUBLIC PROSECUTOR SMT.C.M. CHARISMA R2 BY ADV. SRI.MOHAMMED SHAMEEL. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 07/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. M.SASIDHARAN NAMBIAR,J. --------------------------------------------- CRL.M.C.NO.3612 OF 2010 --------------------------------------------- Dated 7th September, 2010 O R D E R Petitioners are the accused in C.C.472/2000 on the file of Additional Chief Judicial Magistrate, Thiruvananthapuram taken cognizance for the offence under Section 498A read with Section 34 of Indian Penal Code. Second respondent is the de facto complainant and wife of first petitioner. Second petitioner is the mother and third petitioner, the brother of first petitioner. Prosecution case is that petitioners in furtherance of their common intention treated second respondent with cruelty and thereby committed the offence under Section 498A. Petition is filed under Section 482 of Code of Criminal Procedure to quash the cognizance Crmc 3612/10 2 taken contending that entire matrimonial disputes were subsequently settled between the parties. 2. Second respondent filed an affidavit stating that first petitioner filed O.P.678/2000 for nullity of marriage and it was dismissed. The second respondent filed O.S.78/2001 claiming compensation from first petitioner and his father which was decreed by Family Court, Thiruvananthapuram and the suit was decreed. Both the decisions were challenged before this court in appeals. When the matter has been pending before this court there has been settlement between the parties. Annexure-II terms of settlement were arrived at between the parties and it was accepted by the High Court. It is contended that in view of the settlement, it is not in the interest of justice to continue the prosecution. Crmc 3612/10 3 3. As held by the Apex court in B.S.Joshi and others v. State of Haryana and another (2003(4) SCC 675) when matrimonial disputes were settled amicably between the husband and wife, it is not in the interest of justice to continue the prosecution. The affidavit filed by the second respondent de facto complainant with Annexure-II settlement establishes that entire disputes were amicably settled between the second respondent and the petitioners. In such circumstances, it is not in the interest of justice to continue the prosecution. Petition is allowed. C.C.472/2000 on the file of Additional Chief Judicial Magistrate, Thiruvananthapuram is quashed. M.SASIDHARAN NAMBIAR, JUDGE. uj.