IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 20TH OCTOBER 2009 / 28TH ASWINA 1931 Crl.MC.No. 3314 of 2009 --------------------------------------- CRIME NO.146/2009 of KODUVALLY POLICE STATION ........... PETITIONERS/ACCUSED: 1. KUNHAYINKUTTY, S/O AHAMMEDKUTTY, VELUTHEDATH CHALIL HOUSE, KOZHIKODE TALUK, VAVD AMSOM, KALARANTHIRI DESOM. 2. MUHAMMED, AGED 41, DO. DO. 3. FATHIMA, AGED 65, W/O AHAMMEDKUTTY, DO. DO. 4. SULAIKHA, AGED 30, D/O AHAMMEDKUTTY, DO. DO. BY ADV. SRI.E.NARAYANAN SRI.B.PREMNATH (E) RESPONDENTS/STATE & DEFACTO COMPLAINANT: 1. STATE OF KERALA REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE SHO, KODUVALLY POLICE STATION, KOZHIKODE. 3. SHAHIDA, AGED 29, D/0 SOOPPIKKUTTY, KALARIKKANDY HOUSE, PILASSERY P.O., KOZHIKODE TALUK, KUNNAMANGALAM AMSOM DESOM. BY PUBLIC PROSECUTOR SRI.S.U.NAZAR FOR R1 & R2 ADV. SRI.B.PREMNATH FOR R3 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 20/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.3314 of 2009 -------------------------- ORDER Petitioners are the accused and third respondent, the defacto complainant, in Crime No. 146/2009 of Koduvally Police Station, registered for the offences under Sections 406 and 498A read with Section 34 of Indian Penal Code. Third respondent is the wife of the first petitioner. This petition is filed under Section 482 of Code of Criminal Procedure to quash Crime No.146/2009 contending that entire disputes with the third respondent were settled and in view of the settlement, it is not in the interest of justice to continue the prosecution. Petitioners have also produced Annexure-A2 copy of the agreement entered into between the first petitioner and third respondent. 2. Third respondent appeared through a counsel and also filed an affidavit stating that entire CRMC 3314/09 2 disputes with the petitioners were amicably settled and in view of the settlement, third respondent has no objection for quashing the proceedings. Third respondent, along with the petitioners, also filed Crl.M.Appl.No.5698/2009 seeking permission to compound the offences under Sections 320(2) and (6) of Code of Criminal Procedure. An offence under Section 498A of Indian Penal Code is not compoundable under Section 320 of Code of Criminal Procedure and therefore, permission cannot be granted to compound the offences as sought for. Hence, Crl.M.Appl.No.5698/2009 is dismissed. 3. Offences alleged against the petitioners are matrimonial offences based on the complaint filed by the third respondent. Annexure-A2 agreement with the affidavit of the third respondent establish that there was an amicable settlement of all the matrimonial disputes. As held by the Apex Court in B.S.Joshi v. State of Haryana ((2003) 4 SCC 675), when there is a complete amicable settlement of the CRMC 3314/09 3 matrimonial disputes, technicalities shall not stand in the way of a permanent settlement. When, consequent to the settlement, there is no likelihood of a successful prosecution, it is not in the interest of justice to continue the prosecution. Petition is allowed. Crime No.146/2009 of Koduvally Police Station is quashed. 20th October, 2009 (M.Sasidharan Nambiar, Judge) tkv