High Court Kerala High Court

T.D.Mony vs Reshmi on 3 August, 2009

Kerala High Court
T.D.Mony vs Reshmi on 3 August, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.MC.No. 2533 of 2009()



1. T.D.MONY
                      ...  Petitioner

                        Vs

1. RESHMI
                       ...       Respondent

                For Petitioner  :SRI.P.SANTHOSH  (PODUVAL)

                For Respondent  :SRI.M.REVIKRISHNAN

The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR

 Dated :03/08/2009

 O R D E R
              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.