IN THE HIGH COURT OF KERALA AT ERNAKULAM Crl.MC.No. 2417 of 2009() 1. BYJU @ BIJU, S/O.SAMUEL, ... Petitioner Vs 1. STATE OF KERALA, REPRESENTED BY ... Respondent 2. SHINY BIJU, W/O.BIJU, 3. S.I. OF POLICE, KOIPURAM. For Petitioner :SRI.V.PHILIP MATHEW For Respondent :SRI.JAIBY PAUL The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR Dated :27/07/2009 O R D E R M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.2417 of 2009 -------------------------- ORDER
Petitioner is the first accused in C.C.No.105/2008
on the file of Chief Judicial Magistrate’s Court,
Pathanamthitta. Second respondent is his wife. Chief
Judicial Magistrate took cognizance of the offence
under Section 498A read with Section 34 of Indian Penal
Code as against the petitioner and accused 2 and 3 on
Annexure-2 final report. As petitioner was absconding,
accused 2 and 3 were tried by the Magistrate and under
Annexure-3 judgment, they were acquitted, finding them
not guilty of the offence. This petition is filed under
Section 482 of Code of Criminal Procedure to quash the
proceedings contending that the dispute with the second
respondent was amicably settled and they are now living
together and in view of the settlement, it is not, in
the interest of justice, to continue the proceedings.
2. Second respondent appeared through a counsel
and filed an affidavit stating that the dispute with
the petitioner was settled and she is now living with
CRMC 2417/09 2
the petitioner, along with their children.
3. Crl.M.Appl.No.4130/2009 is also jointly filed
by the petitioner and second respondent for permission
to compound the offence. But as an offence under
Section 498A of Indian Penal Code is not compoundable,
permission cannot be granted to compound the offence.
4. As declared by the Apex Court in B.S.Joshi v.
State of Haryana ((2003) 4 SCC 675), when matrimonial
dispute was settled between the husband and wife and
they are living together along with their children, it
is not, in the interest of justice to stand on
technicalities and jeo pardise the matrimonial
settlement arrived at by the husband and wife.
Hence, petition is allowed. C.C.No.105/2008 on the
file of Chief Judicial Magistrate’s Court,
Pathanamthitta as against the petitioner is quashed.
27th July, 2009 (M.Sasidharan Nambiar, Judge)