IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 22ND DECEMBER 2010 / 1ST POUSHA 1932 Crl.MC.No. 5031 of 2010() -------------------- CRIME NO. 537/2008 OF NADAPURAM POLICE STATION, KOZHIKODE ............... PETITIONER / ACCUSED: ------------------------------------ 1. MURICHUNDI UBAID, S/O.MUSA, AGED 32 YEARS, KARTHIKAPPILLY AMSOM DESOM, VADAKARA TALUK, KOZHIKODE DISTRICT. 2. MURICHUNDI KUNJAHAMMED, D/O.MUSA, KOLLATHARATH, AGED 42 YEARS, -DO- -DO- 3. HAJIRA, W/O.KUNJAHAMMAD, AGED 35 YEARS, KOLLATHARATH, -DO- -DO- 4. SULEKHA, W/O.KUNJABDULLA, AGED 42 YEARS, EDACHERRY AMSOM, -DO- -DO- 5. MOIDU, S/O.MUSA, AGED 47 YEARS, POLITHOLLY, -DO- -DO- 6. GAFOOR, S/O.MUSA, AGED 4O YEARS, -DO- -DO- BY ADV. SRI.P.M.HABEEB RESPONDENTS / RESPONDENT NO. 2: ------------------------------------------------------ 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM (CRIME NO.478 OF 2009 OF EDACHERRY POLICE STATION). 2. RAFIYA, D/O.ANTHU, AGED 23 YEARS, KALLAMULLATHIL VEEDU, KUTTIPPURAM AMSOM, CHALAKKAD, NADAPURAM, PIN – 673 504. R1 BY PUBLIC PROSECUTOR SRI. SABU SREEDHARAN R2 BY ADV. SMT.JYOTHI JOSEPH THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 22/12/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.5031 of 2010 -------------------------- ORDER Petitioners are the accused and second respondent, the defacto complainant in C.C.No.428/2009 on the file of Judicial First Class Magistrate's Court, Vadakara, taken cognizance for the offence under Section 498A of Indian Penal Code on Annexure-1 final report. This petition is filed under Section 482 of Code of Criminal Procedure to quash the proceedings contending that entire matrimonial disputes were settled amicably and consequent to the settlement, it is not in the interest of justice to continue the prosecution. 2. Second respondent appeared through a counsel and filed an affidavit stating that entire matrimonial disputes were settled amicably and therefore, permission is to be granted to compound the offence. 3. Learned counsel appearing for the petitioners, second respondent and learned Public Prosecutor were heard. 4. An offence under Section 498A of Indian Penal Code is not compoundable. Hence, permission cannot be CRMC 5031/10 2 granted to compound the offence. But, as held by the Apex Court in B.S.Joshi v. State of Haryana ((2003) 4 SCC 675), when the matrimonial disputes are settled amicably, it is not in the interest of justice to stand on technicalities and continue the prosecution. The affidavit filed by the second respondent establishes that she has settled all the matrimonial disputes with the petitioners. In such circumstances, it is not in the interest of justice to continue the prosecution. Petition is allowed. C.C.No.428/2009 on the file of Judicial First Class Magistrate's Court, Vadakara is quashed. 22nd December, 2010 (M.Sasidharan Nambiar, Judge) tkv