IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 3RD AUGUST 2009 / 12TH SRAVANA 1931 Crl.MC.No. 2533 of 2009() ----------------------------------- CRIME NO.425/2008 OF CHERPU POLICE STATION, THRISSUR. .............. PETITIONERS/ACCUSED: ------------------------------------ 1. T.D. MONY, S/O.DAMODHARAN, THALIKKAL HOUSE, ETTUMUNA DESOM, KARUVANNUR, THRISSUR. 2. SATHYABHAMA, W/O.DAMODHARAN, THALIKKAL HOUSE, ETTUMUNA DESOM, KARUVANNUR, THRISSUR. 3. AJAYAKUMAR, S/O.DAMODHARAN, THALIKKAL HOUSE, ETTUMUNA DESOM, KARUVANNUR, THRISSUR. 4. SUBIRAJ, S/O.RAJAN, PURATHUSSERY HOUSE, CHEMMANDA DESOM, IRINJALAKUDA. 5. SIDHARTHAN, S/O.CHATHU, THALIKKAL HOUSE, PANAMKULAM DESOM, KARUVANNUR, THRISSUR. BY ADV. MR.P.SANTHOSH (PODUVAL) SMT.R.RAJITHA RESPONDENTS/DEFACTO-COMPLAINANT & STATE: --------------------------------------------------------------------------- 1. RESHMI, D/O.RAGHAVAN, THANDASSERY HOUSE, PAINOOR DESOM, THANNIYAM VILLAGE, THRISSUR. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R2 BY PUBLIC PROSECUTOR MR.P. RAVEENDRA BABU. R1 BY ADV. MR.M.REVIKRISHNAN. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. M.SASIDHARAN NAMBIAR,J. ------------------------------------------ CRL.M.C.NO.2533 OF 2009 ------------------------------------------ Dated 3rd August 2009 O R D E R Petitioners are accused in C.C.1861/2008 on the file of Judicial First Class Magistrate-I, Thrissur. First respondent is the defacto complainant. Learned Magistrate has taken cognizance for the offence under Sections 498 A, 354 and 323 read with Section 34 of Indian Penal Code on Annexure-A final report submitted after investigation. This petition is filed under Section 482 of Code of Criminal Procedure to quash the proceedings in C.C.1861/2008 stating that matrimonial dispute between first respondent wife and first petitioner husband and petitioners 2 to 5, his relatives were amicably settled along with settlement of other proceedings pending before the Family court, under Annexure-B agreement and in such circumstances, in the interest of justice, proceedings pending before the Magistrate is also to be quashed. 2. First respondent appeared through a CRMC 2533/09 2 counsel and filed an affidavit stating that dispute with petitioners were amicably settled and she has no objection for quashing the proceedings in view of the settlement. 3. Learned counsel appearing for petitioners and first respondent and learned Public Prosecutor were heard. 4. Annexure-B agreement entered into by first petitioner and first respondent establish that there was a settlement of all the disputes between the husband and wife as well as the relatives and the marriage was agreed to be dissolved and proceedings pending before the Family court was settled. It also shows that there was an agreement to withdraw this case pending before Judicial First Class Magistrate as C.C.1861/2008 pursuant to the settlement. 5. Offences alleged against petitioners are matrimonial offence as well as offences connected with the matrimonial offence. When from the affidavit of first respondent and Annexure-B agreement, it is absolutely clear that there was a settlement of all the disputes between petitioners and first respondent and first respondent is not willing to proceed with the CRMC 2533/09 3 case, even if petitioners are to be tried, there is no chance of a successful prosecution. In such circumstances, as held by the Apex court in Madan Mohan Abbot v. State of Punjab (2008 (3) KLT 19 (SC), it is not in the interest of justice to continue the proceedings in view of settlement. Petition is allowed. C.C.1861/2008 on the file of Judicial First Class Magistrate-I, Thrissur as against petitioners is quashed. M.SASIDHARAN NAMBIAR, JUDGE. uj.