IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 22ND JULY 2009 / 31ST ASHADHA 1931 Crl.MC.No. 2243 of 2009() ------------------------- CMP.35/2009 of CHIEF JUDICIAL MAGISTRATE COURT, THODUPUZHA .................... (CRIME NO.118/09 OF THODUPUZHA POLICE STATION) PETITIONER(S): ACCUSED 1 TO 3: --------------------------------------------------- 1. MANOJ GEORGE MATHEW, MEENATHETHIL, BSNRA 18, BHAGAT SINGH NAGAR, KOTTAMUGAL, NALANCHIRA, THIRUVANANTHAPURAM. 2. GEORGE MATHEW, MEENATHETHIL, BSNRA 18, BHAGAT SINGH NAGAR, KOTTAMUGAL, NALANCHIRA, THIRUVANANTHAPURAM. 3. SUSAMMA MATHEW, MEENATHETHIL, BSNRA 18, BHAGAT SINGH NAGAR, KOTTAMUGAL, NALANCHIRA, THIRUVANANTHAPURAM. BY ADV. MR.K.SASIKUMAR RESPONDENT(S): PRIVATE COMPLAINANT: ----------------------------------------------------------------- 1. JOSE KAPPEN, KAPPIL HOUSE, KANJIRAMATTOM KARA, THODUPUZHA. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 BY ADVS. MR.RAJENDRAN PERUMBAVOOR, MR.V.RAJENDRAN (PERUMBAVOOR), MR.GEORGE VARGHESE KIZHAKKAMBALAM, MR.N.RAJESH. R2 BY PUBLIC PROSECUTOR MR. AMJAD ALI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 22/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.2243 of 2009 -------------------------- ORDER Petitioners are the accused in Crime No. 118/2009 of Thodupuzha Police Station registered for the offences under Sections 498A, 406, 468, 471 and 341 of Indian Penal Code, on receiving Annexure-I complaint filed by first respondent and sent by Chief Judicial Magistrate, Thodupuzha for investigation under Section 156(3) of Code of Criminal Procedure. This petition is filed under Section 482 of Code of Criminal Procedure to quash Annexure-II FIR and all proceedings taken thereunder contending that all the disputes between the daughter of the first respondent and petitioners were settled and in such circumstances, it is not, in the interest of justice, to continue the proceedings. 2. First respondent appeared through a counsel. A joint petition is filed by petitioners and first CRMC 2243/09 2 respondent stating that they have settled all the disputes between them and in such circumstances, first respondent has no objection for quashing the proceedings. 3. Allegations in Annexure-I complaint is that marriage of the daughter of the first respondent with the first petitioner was solemnized on 27.5.2002 and two children were born and they are grown up now and petitioners committed the offences under Sections 498A, 406, 468, 471 and 341 of Indian Penal Code, by treating the daughter of the first respondent with cruelty. 4. Learned counsel appearing for the petitioners submitted that though alleging cruelty as against his daughter, first respondent filed Anenxure-I complaint before Chief Judicial Magistrate's Court, Thodupuzha, which was sent for investigation under Section 156 (3) of Code of Criminal Procedure to the police, all the disputes between the daughter of the first respondent and petitioners were CRMC 2243/09 3 settled and daughter of the first respondent is living with her husband, the first petitioner and hence, there is no necessity to continue the proceedings. Learned counsel appearing for the first respondent also submitted that due to the settlement, first respondent has no grievance as against petitioners. Considering the settlement of the disputes and fact that daughter of the first respondent is living with her husband, the first petitioner, it is not, in the interest of justice, to continue the proceedings and jeo pardise the settlement arrived at between the parties. To preserve matrimonial harmony, it is necessary to quash the proceedings. Petition is allowed. Annexure-II FIR in Crime No.118/2009 of Thodupuzha Police Station as against the petitioners is quashed. 22nd July, 2009 (M.Sasidharan Nambiar, Judge) tkv