IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 5TH OCTOBER 2010 / 13TH ASWINA 1932 Crl.MC.No. 4051 of 2010() ------------------------ CC.3231/2009 of JUDL. FIRST CLASS MAGISTRATE COURT, IRINJALAKUDA CRIME NO. 336/2009 OF KATTOOR POLICE STATION, THRISSUR ................. PETITIONERS / ACCUSED NO. 1 TO 3 ---------------------------------------------------- 1. VINOD, S/O.SHANKARANARAYANAN, KATHIRAPPILLY HOUSE, PONCHANAM DESOM, KATTOOR VILLAGE, MUKUNDAPURAM 2. SHANKARANARAYANAN, S/O.CHADHANKUTTY, KATHIRAPPILLY HOUSE, PONCHANAM DESOM, KATTOOR VILLAGE MUKUNDAPURAM 3. LALITHA, W/O.SHANKARANARAYANAN, KATHIRAPPILLY HOUSE, PONCHANAM DESOM KATTOR VILLAGE, MUKUNDAPURAM BY ADV. SRI.RAJESH CHAKYAT RESPONDENT / COMPLAINANT : -------------------------------------------- 1. VEENITHA, D/O.KRISHNAN, PATTAIL HOUSE, CHALAKARA DESOM PONCHANAM DESOM, KATTOOR VILLAGE, MUKUNDAPURAM- 680 702. 2. THE SUB INSPECTOR OF POLICE, KATTOOR, THRISSUR DISTRICT REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM R1 BY ADV. SRI.C.V.SIVARAMAN R2 BY PUBLIC PROSECUTOR SRI. P.A. SALIM THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 05/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn M.SASIDHARAN NAMBIAR,J. --------------------------------------------- CRL.M.C.NO.4051 OF 2010 --------------------------------------------- Dated 5th October, 2010 O R D E R Petitioners are accused 1 to 3 and first respondent, the de facto complainant in C.C.3231/2009 on the file of Judicial First Class Magistrate's Court, Irinjalakuda taken cognizance for the offence under Section 498 A read with Section 34 of Indian Penal Code on Annexure-2 final report submitted in Crime No.336/2009 of Kattoor Police Station, which in turn was registered under Annexure-1 FIR based on a private complaint filed by the first respondent before Judicial First Class Magistrate's Court, Irinjalakuda and sent for investigation under Section 156(3) of Code of Criminal Crmc 4051/10 2 Procedure. 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, first respondent has no subsisting grievance against the petitioners and in such circumstances, it is not in the interest of justice to continue the prosecution. 2. First respondent appeared through a counsel and jointly filed a statement with the petitioners stating that entire matrimonial disputes were settled amicably and consequent to the settlement, first respondent has no grievance against the petitioner and hence the case is to be quashed. 3. Learned counsel appearing for the petitioners, first respondent and learned Public Prosecutor were heard. Crmc 4051/10 3 4. 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, it is not in the interest of justice to stand on technicalities and continue with the prosecution on the ground that offence under Section 498 A of Indian Penal Code is not compoundable. Joint statement filed by first respondent wife with the petitioners establish that entire matrimonial disputes were settled amicably. Consequent to the settlement, they have together sought quashing of the proceedings contending that continuation of the case would only ruin the cordial relationship between the parties. In such circumstances, it is not in the interest of justice to continue the prosecution. Crmc 4051/10 4 Petition is allowed. C.C.3231/2009 on the file of Judicial First Class Magistrate 's Court, Irinjalakuda is quashed. M.SASIDHARAN NAMBIAR, JUDGE. uj.