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.
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CRL.M.C.NO.2533 OF 2009
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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
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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
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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.