IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 15TH SEPTEMBER 2010 / 24TH BHADRA 1932 Crl.MC.No. 3650 of 2010() ------------------------ CC.226/2009 OFJUDL. FIRST CLASS MAGISTRATE COURT, PONNANI CRIME NO. 713/09 OF PONNANI POLICE STATION, MALAPPURAM .............. PETITIONERS / ACCUSED 1 TO 3: ---------------------------------------------- 1. SAMEER, S/O.MOIDUNNI, PERUMBULLI HOUSE, SUJEER HOUSE, KARIKKALATHANI, KANJIRAMUKKU P.O., PONNANI TALUK, MALAPPURAM DISTRICT. 2. FATHIMA, W/O.MOIDUNNI, PERUMBULLI HOUSE, SUJEER HOUSE, KARIKKALATHANI, KANJIRAMUKKU P.O., PONNANI TALUK, MALAPPURAM DISTRICT. 3. MOIDUNNI, PERUMBULLI HOUSE, SUJEER HOUSE, KARIKKALATHANI, KANJIRAMUKKU P.O., PONNANI TALUK, MALAPPURAM DISTRICT. BY ADV. SRI.K.B.ARUNKUMAR RESPONDENTS / DEFACTO COMPLAINANT AND STATE : -------------------------------------------------------------------------------- 1. UMMU SALMA, D/O. ASHRAF, NALAKATH, PONNANI NAGARAM P.O., NEAR M.A.U.P SCHOOL, PONNANI, MALAPPURAM DISTRICT, PIN – 679577. 2. STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, PONNANI POLICE STATION, PONNANI, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN – 682018. R1 BY ADV. SRI.PRATHEESH.P R2 BY PUBLIC PROSECUTOR SMT. M.K. PUSHPALATHA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 15/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn M.SASIDHARAN NAMBIAR,J. --------------------------------------------- CRL.M.C.NO.3650 OF 2010 --------------------------------------------- Dated 15th September, 2010 O R D E R Petitioners are the accused and first respondent, the de facto complainant in C.C.226/2009 on the file of Judicial First Class Magistrate's Court, Ponnani, taken cognizance for the offences under Sections 498 A and 406 read with Section 34 of Indian Penal Code on the final report submitted by Sub Inspector of Police, Ponnani Police Station. Petition is filed under Section 482 of Code of Criminal Procedure to quash the cognizance taken contending that entire matrimonial disputes were settled amicably between the petitioners and first respondent and consequent to the settlement, it is not in the interest of justice to continue the Crmc 3650/10 2 prosecution. 2. First respondent appeared through a counsel and filed an affidavit stating that entire matrimonial disputes were settled amicably and consequent to the settlement, she has no objection for quashing the proceedings. 3. Learned counsel appearing for the petitioners, first respondent and learned Public Prosecutor were heard. 4. Crime No.713/2009 of Ponnani Police Station was registered based on Annexure-I complaint filed by the first respondent before Judicial First Class Magistrate's Court, Ponnani and sent for investigation under Section 156(3) of Code of Criminal Procedure. After investigation, final report was filed. It was taken cognizance for the offences under Sections 498A and 406 of Indian Penal Code by the learned Magistrate. Affidavit filed by the Crmc 3650/10 3 first respondent/wife establishes that entire matrimonial disputes were settled amicably and consequent to the settlement, no purpose will be served by directing the petitioners to undergo the ordeal of a trial as there is no likelihood of a successful prosecution. More over, as held by the Apex Court in B.S.Joshi and others v. State of Haryana and another (2003(4) SCC 675) when matrimonial disputes are settled amicably between the husband and the wife, it is not in the interest of justice to continue the prosecution and further geopardise the relationship. Petition is allowed. C.C.226/2009 on the file of Judicial First Class Magistrate's Court, Ponnani is quashed. M.SASIDHARAN NAMBIAR, JUDGE. uj.