IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 3672 of 2009()
1. SIJU CHANDRAN, S/O.CHANDRAN,
... Petitioner
2. PREMALETHA, W/O.CHANDRAN,
Vs
1. SHALINI, D/O.BASKARAN,
... Respondent
2. STATE OF KERALA, REPRESENTED
For Petitioner :SRI.NIRMAL. S
For Respondent :SRI.O.T.JABISH
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :03/03/2010
O R D E R
M.SASIDHARAN NAMBIAR,J.
------------------------------------------
CRL.M.C.NO.3672 OF 2010
------------------------------------------
Dated 3rd March 2010
O R D E R
Petitioners are the accused and
first respondent, the de facto complainant
in C.C.479/2009 on the file of Judicial
First Class Magistrate, Kunnamangalam taken
cognizance for the offences under Sections
406 and 498 A read with Section 34 of
Indian Penal Code on Annexure-3 final
report. Annexure-1 complaint was filed by
the first respondent wife alleging that
first petitioner husband and second
petitioner mother-in-law treated her with
cruelty and also committed breach of trust
and thereby committed the offences under
Sections 406 and 498 A of Indian Penal Code
before the Commissioner of Police,
Kozhikode based on which crime No.267/2008
Crmc 3672/09 2
was registered. Annexure-3 final report was
filed after investigation by the Sub Inspector
of Police, Medical College Police Station which
was taken cognizance by the learned Magistrate.
Petition is filed under Section 482 of Code of
Criminal Procedure to quash the cognizance
taken and the proceedings pending before the
Magistrate contending that entire matrimonial
disputes were amicably settled.
2. First respondent appeared through a
counsel and filed Crl.M.A.6281/2009 jointly
with the petitioners stating that entire
matrimonial disputes were amicably settled and
in view of the settlement, it is not in the
interest of justice to continue the prosecution
and hence the case is to be allowed to be
compounded.
3. Learned counsel appearing for the
petitioner, first respondent and learned Public
Prosecutor were heard.
Crmc 3672/09 3
4. Though an offence under Section
498 A of Indian Penal Code cannot be
compounded, as held by the Apex court in
B.S.Joshi and others v. State of Haryana and
another (2003(4) SCC 675) when there was
amicable settlement of the matrimonial
disputes, it is not in the interest of justice
to continue the prosecution. Joint statement
filed by first respondent wife with the
petitioners establishes that entire matrimonial
disputes were settled. In such circumstances,
it is not in the interest of justice to
continue the prosecution.
Petition is allowed. C.C.479/2009 on the
file of Judicial First Class Magistrate,
Kunnamangalam is quashed.
M.SASIDHARAN NAMBIAR,
JUDGE.
uj.