IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 23RD OCTOBER 2009 / 1ST KARTHIKA 1931 Crl.MC.No. 3425 of 2009 --------------------------------------- CC.57/2007 of JUDL. MAGISTRATE OF FIRST CLASS COURT-I, PONNANI .................... PETITIONERACCUSED: NAWAS, S/O. SHAMSUDHEEN, VETTANATTAYIL HOUSE, MARAMATTAM PUVANGU, PONNANI P.O., MALAPPURAM. BY ADV. SRI.P.K.ANIL RESPONDENTS/COMPLAINANT /STATE: 1. JASEENA, D/O. ECHANATHEL KUNJUMON, MUKKILAPEEDIKAYIL HOUSE, ANDATHODU P.O., PUNNAYURKULAM, CHAVAKKAD TALUK, THRISSUR. 2. SUB INSPECTOR OF POLICE, PONNANI POLICE STATION. 3. STATE REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY ADV. SRI.CIBI THOMAS FOR R1 PUBLIC PROSECUTOR SRI.AMJAD ALI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.3425 of 2009 -------------------------- ORDER Petitioner is the accused and first respondent, his wife, the defacto complainant in C.C.No.57/2007 on the file of Judicial First Class Magistrate's Court, Ponnani, taken cognizance for the offences under Sections 406 and 498A read with Section 34 of Indian Penal Code on Annexure-A FIR. This petition is filed under Section 482 of Code of Criminal Procedure to quash the cognizance taken and the proceedings pending before the learned Magistrate contending that in view of the settlement of the matrimonial disputes, it is not in the interest of justice to continue the prosecution. 2. First respondent appeared through a counsel and filed Crl.M.Appl.No.5862/2009 jointly with the petitioner stating that entire matrimonial disputes between the parties were settled and first respondent has no subsisting grievance against the CRMC 3425/09 2 petitioner and so, the offences are to be compounded. 3.Learned counsel appearing for the petitioner, first respondent and learned Public Prosecutor were heard. 4. An offence under Section 498A of Indian Penal Code is not compoundable and therefore, permission cannot be granted to compound the offence as sought for in Crl.M.Appl.No.5862/2009. The said petition can only be dismissed and it is dismissed. 5. Annexure-A FIR shows that the offences alleged against the petitioner are matrimonial offences. Joint petition filed by the husband and the wife establishes that there was a complete settlement of 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 settlement of the matrimonial disputes, it is not in the interest of justice to stand on technicalities and jeo CRMC 3425/09 3 pardise the settlement. When, consequent to the settlement, possibility of a successful prosecution is very bleak and it would result only in unnecessary waste of valuable time of the court, it is not in the interest of justice to continue the prosecution. Petition is allowed. C.C.No.57/2007 on the file of Judicial First Class Magistrate's Court, Ponnani is quashed. 23rd October, 2009 (M.Sasidharan Nambiar, Judge) tkv