IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 6TH DECEMBER 2010 / 15TH AGRAHAYANA 1932 Crl.MC.No. 4762 of 2010() ------------------------------------ CC.139/2009 of CHIEF JUDICIAL MAGISTRATE COURT, THIRUVANANTHAPURAM .................... PETITIONER(S): ACCUSED: --------------------------------------- K.JAWAHAR SADIQ, S/O.KHADARKHAN, M.K.MANZIL, VERKILAMI, KANYAKUNMARI, TAMILNADU. BY ADV. SRI.G.SUDHEER ( KARAKONAM) RESPONDENT(S): -------------------------- 1. JINCHU FATHIMA, D/O.SHAMEEM, BEYINS COMPOUND, FLAT NO.3B, KOWDIAR, NANTHANCODE, THIRUVANANTHAPURAM. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 BY ADV.SMT.GAYATHRI R.KRISHNAN R2 BY PUBLIC PROSECUTOR SRI. I.V. PRAMOD THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 06/12/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts M.SASIDHARAN NAMBIAR,J. --------------------------------------------- CRL.M.C.NO.4762 OF 2010 --------------------------------------------- Dated 6th December, 2010 O R D E R Petitioner, the husband is the accused and first respondent, the wife is the de facto complainant in C.C.139/2009 on the file of Chief Judicial Magistrate's Court, Thiruvananthapuram, taken cognizance for the offence under Section 498 A of Indian Penal Code on Annexure-B final report. Petition is filed under Section 482 of Code of Criminal Procedure to quash the proceedings contending that entire matrimonial disputes were settled amicably and consequent to the settlement, it is not in the interest of justice to continue the prosecution. 2. First respondent appeared Crmc 4762/10 2 through a counsel and filed an affidavit stating that she has settled all the disputes with the petitioner and therefore, she has no objection for quashing the proceedings. 3. Petitioner along with the first respondent also filed Crl.M.A.7711/2010, petition under Section 320 of Code of Criminal Procedure to compound the offence stating that entire matrimonial disputes were settled and for peaceful and better future life, the proceedings is to be quashed. An offence under Section 498 A of Indian Penal Code is not compoundable. Hence permission cannot be granted to compound the offence as sought for in Crl.M.A.7711/2010. 4. Learned counsel appearing for the petitioner, first respondent and learned Public Prosecutor were heard. Crmc 4762/10 3 5. As held by the Apex Court in B.S.Joshi and others v. State of Haryana and another (2003(4) SCC 675), when matrimonial disputes were settled amicably, it is not in the interest of justice to continue the prosecution. Affidavit filed by the first respondent establishes that she has settled all the matrimonial disputes with the petitioner. In such circumstances, it is not in the interest of justice to continue the prosecution. Petition is allowed. C.C.139/2009 on the file of Chief Judicial Magistrate's Court, Thiruvananthapuram is quashed. M.SASIDHARAN NAMBIAR, JUDGE. uj.