IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 14TH AUGUST 2009 / 23RD SRAVANA 1931 Crl.MC.No. 2407 of 2009 -------------------------------- (CRIME NO. 533/2006 OF PALARIVATTOM POLICE STATION, ERNAKULAM) PETITIONER(S)/ ACCUSED 1, 3 AND 4 ----------------------------------------------------- 1. GEORGE BENSON AGED 33, S/O. PETER, MOONJAPPILLY HOUSE, NETAJI ROAD, EDAPPILLY.P.O., ERNAKULAM-24. 2. ROSY PETER AGED 61 DO-DO 3. FRANC HOBSON, AGED 36, S/O. PETER DO-DO BY ADV. SRI.SUBAL J.PAUL RESPONDENT(S)/ DEFACTO COMPLAINAT STATE OF KERALA ------------------------------------------------------------------------------------------ 1. SINI XAVIER, D/O. XAVIER, THERUVILPARAMBIL PUTHUKALAVATTOM, ERNAKULAM. 2. STATE OF KERALA, (REP. BY S.I. OF POLICE PALARIVATTOM) 9REP. BY STATE PROSECUTOR HIGH COURT OF KERALA) ADV. SRI.A.P.SUBHASH FOR R1 SMT.T.SUJA PUBLIC PROSECUTOR SRI. AMJAD ALI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 14/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.SASIDHARAN NAMBIAR,J. ------------------------------------------ CRL.M.C.NO.2407 OF 2009 ------------------------------------------ Dated 14th August 2009 O R D E R Petitioners are the accused and first respondent the defacto complainant in crime No.533/2006 of Palarivattom police station registered for the offences under Sections 406 and 498 A read with section 34 of Indian Penal Code. It is submitted that second accused expired on 18/7/2008. This petition is filed under Section 482 of Code of Criminal Procedure to quash the proceedings, contending that there was a complete settlement of all the disputes between the parties. First respondent is the wife of the first petitioner. It is contended that consequent to the settlement the marriage was dissolved by filing a joint petition on 20/6/2009. Annexure-A2 affidavit is filed by first respondent stating that she has settled all the disputes with the petitioners and all her claims in the marital relationship is fully and finally settled and so she has no objection for quashing the CRMC 2407/09 2 proceedings. 2. Learned Public Prosecutor submitted that final report was submitted before the court as early as on 28/12/2006. 3. When matrimonial disputes between petitioner and first respondent have already been settled as evidenced by Annexure-A2 affidavit filed by first respondent, it is not in the interest of justice to continue the proceedings as held by the Apex court in B.S.Joshi and others v. State of Haryana and another (2003(4) SCC 675). In such circumstances, in the interest of justice case is to be quashed. Petition is allowed. Crime 533/2006 of Palarivattom police station is quashed. M.SASIDHARAN NAMBIAR, JUDGE. uj.