IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 24TH MARCH 2009 / 3RD CHAITHRA 1931 Crl.MC.No. 933 of 2009() ------------------------ CC.911/2005 of JUDL.MAGISTRATE OF FIRST CLASS-I, KOLLAM .................... PETITIONER(S): DEFACTO-COMPLAINANT: ----------------------------------------------- BIJU.K, AGED 32 YEARS, S/O.KRISHNAN KUTTY PILLAI, KRISHNA BHAVANAM, NJARACKAL CHERRY, THRIKKADAVOOR VILLAGE. BY ADV. SRI.BIMAL K.NATH RESPONDENT(S): ACCUSED: --------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SIVASANKARA PILLAI, AGED 56 YEARS, S/O.KUNJAN PILLAI, MURALI BHAVAN, PERUMON CHERRY, PANAYAM VILLAGE, KOLLAM. 3. VASANTHA KUMARI, AGED 53 YEARS, D/O.ESWARIAMMA, MURALI BHAVAN, PERUMON CHERRY, PANAYAM VILLAGE, KOLLAM. PUBLIC PROSECUTOR SRI. AMJAD ALI. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 24/03/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = CRL.M.C. NO. 933 OF 2009 = = = = = = = = = = = = = = = Dated this the 24th day of March, 2009. O R D E R This petition is filed with a prayer to quash all further proceedings in C.C.911/05 pending before the Judicial First Class Magistrate-I, Kollam. It is an application filed by the defacto complainant to quash the proceedings. The defacto complainant initiated proceedings against his father-in-law and mother-in-law u/Ss. 452, 341, 323, 324, 403, 406 r/w S.34 IPC. The dispute started with respect to a car and now the defacto complainant has moved this Court and he has already filed an affidavit wherein it is specifically stated that he does not want to proceed with the case in view of expecting a peaceful life in future. He wants to put his house in an order and therefore requests the Court to quash the proceedings initiated against his father-in-law and mother-in- law. One of the offences is a non-compoundable offence u/s 452 IPC. The peaceful atmosphere of a family depends upon the cordiality that exists between the families and especially Crl.M.C. 933 OF 2009 -:2:- the relationship between the in-laws and the son-in-law has got a bearing. Now after due diligence the defacto complainant does not want to prosecute the proceedings in order to make the life peaceful. In Joshi's case(B.S. Joshi v. State of Haryana (2003 (4) SCC 675) also the Hon'ble Supreme Court has held that the Court has to give special consideration for settling the matrimonial disputes. Here the settlement of the dispute will result in preventing a matrimonial dispute. Therefore invoking the power u/s 482 Cr.P.C. I quash all further proceedings in C.C.911/05 of Judicial First Class Magistrate-I, Kollam and therefore this Crl.M.C is allowed. M.N. KRISHNAN, JUDGE. ul/-