IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 30TH JULY 2009 / 8TH SRAVANA 1931 Crl.MC.No. 2323 of 2009() ----------------------------------- OP.1001/2006 of FAMILY COURT, PALAKKAD. CRIME NO.134/2005 OF CHENGANNUR POLICE STATION. .................... PETITIONERS/ACCUSED NOS.1 & 2 --------------------------------------------------- 1. SHINE M.C.,S/O.M.E.CHACKO,AGED 34 YEARS, "SHARON",KALLIPADAM P.O.,SHORANUR, PALAKKAD DISTRICT. 2. ANNAMMA @ AMMINI, W/O.M.E.CHACKO, AGED 65 YEARS,"SHARON",KALLIPADAM P.O., SHORANUR,PALAKKAD DISTRICT. BY ADV. MR.BINOY VASUDEVAN RESPONDENTS/STATE/COMPLAINANT -------------------------------------------------------- 1. STATE OF KERALA, REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. 2. REHANA JACOB, MUPPARAYIL HOUSE, ANGADIKKAL P.O.,CHENGANNUR VIA, ALAPPUZHA DISTRICT. R1 BY PUBLIC PROSECUTOR MR.AMJAD ALI. R2 BY ADV. SMT.P.G.BABITHA. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 30/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.2323 of 2009 -------------------------- ORDER First petitioner is the husband of the second respondent and second petitioner, the mother of the first petitioner. Crime No.134/2005 of Chengannur Police Station was registered for the offence under Section 498A of Indian Penal Code on a complaint filed by the second respondent before Judicial First Class Magistrate's Court, Chengannur and forwarded to the police for investigation under Section 156(3) of Code of Criminal Procedure. This petition is filed under Section 482 of Code of Criminal Procedure to quash the FIR and the proceedings initiated thereunder contending that all disputes with the petitioners and second respondent were amicably settled and as held by the Apex Court in B.S.Joshi v. State of Haryana ((2003) 4 SCC 675), when matrimonial disputes have been settled, it is not, in the interest of justice to CRMC 2323/09 2 continue the proceedings and therefore, it is to be quashed. 2. Crl.M.Appl.No.3961/2009 is jointly filed by the petitioners and second respondent under Section 320 of Code of Criminal Procedure stating that the entire disputes between the petitioners and second respondent have been settled and after receiving Rs.2,85,000/-, second respondent agreed to dissolve the marriage and as per Anenxure-1 judgment, the marriage was dissolved by the Family Court, Palakkad and in such circumstances, second respondent has no objection for quashing the proceedings. Second respondent is represented by a counsel. 3. Learned counsel appearing for the petitioners and second respondent and learned Public Prosecutor were heard. 4. Annexure-1 judgment in O.P.No.1001/2006 of Family Court, Palakkad establish that the marriage between the first petitioner and second respondent CRMC 2323/09 3 was dissolved. The joint petition filed by the petitioners and second respondent establish that there was an amicable settlement of the disputes and the case as against the petitioner was lodged as a result of sudden temporal abrasions in the relationship and second respondent has no intention to proceed with the case. In such circumstances, when the matrimonial dispute was settled, it is not, in the interest of justice to continue the proceedings. Petition is allowed Crime No.134/2005 of Chengannur Police Station as against the petitioners is quashed. 30th July, 2009 (M.Sasidharan Nambiar, Judge) tkv