IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 29TH SEPTEMBER 2009 / 7TH ASWINA 1931 Crl.MC.No. 3068 of 2009(A) -------------------------------------- (CRIME NO.424/2008 OF ATTINGAL POLICE STATION) ........... PETITIONERS/ ACCUSED: ------------------------------------- 1. SYAMALA,W/O.P.K.RAVEENDRAN,RESIDING AT R.S.BHAVAN,VALIYAKUNNU,AVANAVANCHERI VILLAGE, ATTINGAL. 2. P.K.RAVEENDRAN,S/O.KESAVAN,RESIDING AT R.S.BHAVAN,VALIYAKUNNU,AVANAVANCHERI VILLAGE, ATTINGAL. 3. MANOJ,S/O.P.K.RAVEENDRAN,RESIDING AT R.S.BHAVAN,VALIYAKUNNU,AVANAVANCHERI VILLAGE, ATTINGAL. 4. MANU,S/O.P.K.RAVEENDRAN,RESIDING AT R.S.BHAVAN,VALIYAKUNNU,AVANAVANCHERI VILLAGE, ATTINGAL. BY ADVS. MR.G.P.SHINOD, MR.RAM MOHAN.G. RESPONDENTS/ STATE & DEFACTO COMPLAINANT: ---------------------------------------------------------------------------- 1. STATE OF KERALA,REPRESENTED BY ITS PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM. 2. GREESHMA,AGED 24 YEARS, D/O.RAGINI,RESIDING AT SARADALAYAM,NEAR RAILWAY STATION,VARKALA,THIRUVANANTHAPURAM. R1 BY PUBLIC PROSECUTOR MR. S.U. NAZAR, R2 BY ADV. MR.M.R.RAJESH. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 29/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No.3068 OF 2009 =========================== Dated this the 29th day of September,2009 ORDER Petitioners are the accused and second respondent the de facto complainant in Crime No.424/2008 of Attingal Police Station registered under Annexure A F.I.R for the offence under sections 403, 406, 498A and 109 read with section 34 of Indian Penal Code. This petition is filed under section 482 of Code of Criminal Procedure to quash the F.I.R and the investigation contending that in view of the amicable settlement of all the matrimonial disputes, it is not in the interest of justice to continue the prosecution. It is contended that O.P.1058/2008 which was pending before the Family Court, Nedumangad instituted by the third petitioner husband for divorce with the second respondent was also settled, evidenced by Annexure B judgment. 2. Second respondent appeared through a counsel and Annexure D affidavit is filed stating that entire disputes were settled amicably and O.P.1590/2008 filed by the second respondent for return of the gold Crl.M.C.3068/2009 2 ornaments and money was also settled evidenced by Annexure C judgment and in view of the settlement she has no objection for quashing the entire proceedings. 3. Learned counsel appearing for the petitioners second respondent and learned Public Prosecutor were heard. 4. From Annexure A F.I.R it is clear that the case was registered based on a complaint filed by second respondent before the learned Magistrate and sent for investigation under section 156(3) of Code of Criminal Procedure and it was the result of matrimonial dispute. Annexure B and C judgments of Family Court establish that the matrimonial disputes were settled amicably. Annexure D affidavit of the second respondent establish that consequent to the settlement of the matrimonial disputes, she has no objection for quashing the proceedings. 5. As held by the Apex Court in B.S. Joshi v. State of Haryana (2003(4) SCC 675) when the matrimonial disputes were amicably settled, it is not in the interest of justice to continue the prosecution. It is more so, when consequent to the settlement, chances of a successful prosecution is very bleak and it would result only in unnecessary waste of valuable time of the court. Petition is allowed. Crime No.424/2008 of Attingal Police Station is quashed. M.SASIDHARAN NAMBIAR JUDGE Crl.M.C.3068/2009 3 tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006