IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 31882 of 2008(U)
1. T.L.VINOD, S/O.R.THOMAS, AGED 30,
... Petitioner
2. THOMAS.R, S/O.RAJAMMA, AGED 61,
3. LILLY THOMAS, W/O.R.THOMAS, AGED 52 YRS,
Vs
1. VINEETHA RANI, W/O.R.VINOD, AGED 25,
... Respondent
For Petitioner :SRI.P.SOMACHUDAN NAIR
For Respondent :SMT.K.KUSUMAM
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :30/07/2009
O R D E R
M.SASIDHARAN NAMBIAR,J.
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W.P.C.NO.31882 OF 2008
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Dated 30th July 2009
O R D E R
Petitioners are accused and respondent the
complainant in C.C.469/2008 on the file of Judicial
First Class Magistrate-II, Nedumangad. Ext.P7 protest
complaint filed by respondent alleging that
petitioners committed offence under Section 498 A
read with Section 34 of Indian Penal Code and the
refer report submitted after investigation cannot be
accepted as there was no proper investigation.
Judicial First Class Magistrate after recording sworn
statement of the respondent took cognizance of the
offence under Section 498 A read with Section 34 and
issued summons to the petitioners. Petitioners filed
this petition under Article 226 and 227 of
Constitution of India for a writ of certiorari or
direction to quash Ext.P7 protest complaint and the
proceedings initiated thereunder.
2. First respondent filed an affidavit
stating that the dispute with first petitioner husband
WPC 31882/08
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was settled amicably and Family court,
Thiruvananthapuram in O.P.570/2006 has already
dissolved their marriage and under the settlement
parties have agreed to settle all other cases pending
before Family court as well as Judicial First Class
Magistrate, Nedumangad and in view of the settlement
respondent has no objection for quashing the
proceedings.
2. Though an offence under Section 498 A of
Indian Penal Code is not compoundable, as held by the
Apex court in B.S.Joshi and others v. State of
Haryana and another (2003(4) SCC 675) when a
matrimonial dispute is settled between the parties,
it is not in the interest of justice to stand on
technicalities and geopardise the settlement arrived
at by the parties. When respondent herself admitted
the settlement and submitted that she has no objection
for quashing the proceedings, in view of the amicable
settlement arrived at, the cognizance taken by the
learned Magistrate on the protest complaint of the
respondent and that too after a refer report was filed
by the police, it is not in the interest of justice to
continue the proceedings.
WPC 31882/08
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Petition is allowed. C.C.469/2008 taken
cognizance on Ext.P7 protest complaint on the file
of Judicial First Class Magistrate-II, Nedumangad is
quashed.
M.SASIDHARAN NAMBIAR,
JUDGE.
uj.