IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 23RD DECEMBER 2010 / 2ND POUSHA 1932 Crl.MC.No. 5048 of 2010() ---------------------------------------- (CRIME NO.1199/2010 OF HOSDURG POLICE STATION, KASARAGOD) ... PETITIONER(S): ACCUSED NO.1 - 5 AND DEFACTO COMPLAINANT: --------------------------------------------------------------------------------------------------- 1. MANZOOR KEEKAN, AGED 28 YEARS, S/O.ABDUL RAZAK, THOUFEEQ MANZIL, MEDIYAM ROAD, MANIKOTH P.O., KASARAGOD. 2. SAJITHA BANU, W/O.ABDUL RAZAK, THOUFEEQ MANZIL, MEDIYAM ROAD, MANIKOTH P.O.,KASARAGOD. 3. MASHUDA BANU, W/O. ABDUL BASHEER, THOUFEEQ MANZIL, MEDIYAM ROAD, MANIKOTH P.O.,KASARAGOD. 4. MASUM, D/O.SATITHA BANU, THOUFEEQ MANZIL, MEDIYAM ROAD, MANIKOTH PO., KASARAGOD. 5. SHEIK BASHEER AHAMMED, THOUFEEQ MANZIL, MEDIYAM ROAD, MAIKOTH P.O., KASARAGOD. 6. ZABIDA SAYYADA, D/O.SAYYED YAKOOB, GATE HOUSE, FIRDOZ NAGAR, UPPALA POST, KASARAGOD. BY ADVS. SRI.SUNIL NAIR PALAKKAT, SMT. LEELA.R. RESPONDENT(S): COMPLAINANT/STATE: ------------------------------------------------------------- STATE OF KERALA, REPRESENTED BY (S.I. OF POLICE HOSDURG POLICE STATION) THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. I.V. PRAMOD THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23/12/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.SASIDHARAN NAMBIAR,J. --------------------------------------------- CRL.M.C.NO.5048 OF 2010 --------------------------------------------- Dated 23rd December, 2010 O R D E R Petitioners are the accused and sixth petitioner, the de facto complainant in Crime No.1199/2010 of Hosdurg Police Station registered for the offence under Section 498 A registered on Annexure-A1 FIR. Petitioners 1 and 6 are husband and wife. Petition is filed under Section 482 of Code of Criminal Procedure to quash the FIR and further proceedings contending that entire matrimonial disputes are settled amicably and consequent to the settlement, it is not in the interest of justice to continue the prosecution. Sixth petitioner has filed a separate affidavit stating that she has settled all the matrimonial Crmc 5048/10 2 disputes with petitioners 1 to 5. 2. Learned counsel appearing for the petitioners and learned Public Prosecutor were heard. 3. 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, it is not in the interest of justice to continue the prosecution. Affidavit filed by the sixth petitioner shows that entire matrimonial disputes were settled. More over, sixth petitioner joined with the remaining petitioners, the accused, and sought to quash the proceedings contending that entire matrimonial disputes are settled amicably. In such circumstances, it is not in the interest of justice to continue the Crmc 5048/10 3 prosecution. Petition is allowed Crime No.1199/2010 of Hosdurg Police Station is quashed. M.SASIDHARAN NAMBIAR, JUDGE. uj.