IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 6TH JULY 2009 / 15TH ASHADHA 1931 Crl.MC.No. 2178 of 2009 --------------------------------------- CC.1339/2004 of JUDL.MAGISTRATE OF FIRST CLASS-I, KOTTARAKKARA .................... PETITIONERS/ACCUSED 1 TO 5: 1. GOPAKUMAR, S/O. SIVARAMA PILLAI, VADAKKETHU BHAVAN, PERINADU, KUREEPUZHA CHERRY, THRIKKADAVOOR VILLAGE, KOLLAM TALUK. 2. RETNAMMA, D/O. SARASWATHY AMMA, DO. DO. 3. RAJALEKSHMI, D/O. RETHAMMA, DO. DO. 4. SUSEELA KUMAR, S/O. SIVARAMA PILLAI, DO. DO. 5. VIJAYAKUMAR @ BABU, S/O. GOPALA PILLAI, DO. DO. BY ADV. SRI.M.RAJAGOPALAN NAIR SRI.G.BIJU SRI.S.JAYAPRAKASH (MADAVOOR) RESPONDENTS/COMPLAINANT: 1. AJIKUMARI, D/O. SARASWATHY, THEKKEDATH VEEDU, KUZHIMATHAIKADU MURI, KAREEPRA, KOLLAM. 2. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. SMT.T.S.MAYA (THIYADIL) FOR R1 BY PUBLIC PROSECUTOR SRI.GIKKU JACOB FOR R2 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 06/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.2178 of 2009 -------------------------- ORDER Petitioners are accused 1 to 5 in C.C.No. 1339/2004 on the file of Judicial First Class Magistrate's Court-I, Kottarakara. First respondent is the wife of first petitioner. She filed a private complaint before Judicial First Class Magistrate's Court-I, Kottarakara alleging that petitioners committed offence under Section 498 A read with Section 34 of Indian Penal Code. Learned Magistrate forwarded the complaint for investigation under Section 156(3) of Code of Criminal Procedure. After completing the investigation, Annexure-1 final report was filed under Section 173(2) of Code of Criminal Procedure which was taken cognizance by the Magistrate. This petition is filed under Section 482 of Code of Criminal Procedure to quash the proceedings contending that all the disputes between CRMC 2178/09 2 petitioners and first respondent were subsequently settled and in W.P.(C)No.7341/2008, this Court appointed Advocate Smt.M.A.Zohra as Mediator and pursuant to the mediation Annexure-2 compromise was entered into where under all the disputes were settled, including the complaint filed by first respondent alleging offence under Section 498A as well as the petition filed under Section 125 of Code of Criminal procedure pending before Family Court, Kollam. It is, therefore, contended that the case is to be quashed. 2. First respondent filed an affidavit to the effect that there was settlement of all the disputes and she had agreed to withdraw C.C.No. 1339/2004 and O.P.(HMA)No.1089/2008 and in such circumstances she has no objection for quashing the proceedings. 3. Learned counsel appearing for the petitioners and first respondent and learned Public Prosecutor were heard. CRMC 2178/09 3 4. The allegation against the petitioners is that they committed offence under Section 498A read with Section 34 of Indian Penal Code. First respondent, the wife of the first petitioner, filed an affidavit stating that entire dispute with the petitioners were settled and she has no intention to proceed with the case. Annexure-3 judgment of the Division Bench in W.P.(C)No.7341/2008 establish that Annexure-2 compromise was accepted by the court and the said compromise was entered into by the mediation effected by Mediator appointed by this Court and parties have settled all the disputes. In the light of the settlement, it is not in the interest of justice to proceed with the case. As held by the Apex Court in B.S.Joshi v. State of Haryana ((2003) 4 SCC 675), it is not in the interest of justice to stand on technicalities and to jeo pardise the settlement arrived at by the husband and wife. CRMC 2178/09 4 In such circumstances, petition is allowed. C.C.No.1339/2004 on the file of Judicial First Class Magistrate's Court-I, Kottarakara as against the petitioners is quashed. 6th July, 2009 (M.Sasidharan Nambiar, Judge) tkv