IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 12TH MARCH 2009 / 21ST PHALGUNA 1930 Crl.MC.No. 848 of 2009() ------------------------ (CRIME NO.698/2008 OF THE PERUMBAVOOR POLICE STATION) ---------------------- PETITIONERS/ACCUSED: ----------------------------- 1. BENJU SALIM, AGED 29 YEARS, S/O. SALIM, MOOKKADA HOUSE, MUDICKAL P.O., PERUMBAVOOR, PIN-683 547. 2. SALIM, AGED 55 YEARS, S/O. ABDUL KHADER, MOOKKADA HOUSE, MUDICKAL P.O., PERUMBAVOOR, PIN-683 547. 3. AISHA, AGED 50 YEARS, W/O. SALIM, MOOKKADA HOUSE, MUDICKAL P.O., PERUMBAVOOR, PIN-683 547. 4. MOIDEEN SHAW, AGED 24 YEARS, S/O. SALIM, MOOKKADA HOUSE, MUDICKAL P.O., PERUMBAVOOR, PIN-683 547. 5. FATHIMA, AGED 20 YEARS, D/O. SALIM, MOOKKADA HOUSE, MUDICKAL P.O., PERUMBAVOOR, PIN-683 547. 6. MOHAMMED IQBAL MUNDETH, AGED 39 YEARS, S/O. MOIDEEN PILLAI, MUNDETH HOUSE, MEKKALADY, KALADY. 7. SIMNA IQBAL, AGED 29 YEARS, W/O. MOHAMMED IQBAL MUNDETH, MUNDETH HOUSE, MEKKALADY, KALADY. 8. ABDUL NASSER MUNDETH, AGED 45 YEARS, S/O. MOIDEEN PILLAI, MUNDETH HOUSE, MEKKALADY, KALADY. 9. ASHA, AGED 37 YEARS, W/O. ABDUL NASSER MUNDETH, MUNDETH HOUSE, MEKKALADY, KALADY. CRL.M.C.848/2009 2 10. RASHEED V.A., AGED 36 YEARS, S/O. ALIKKUTTY, VARIKKADAN HOUSE, MUDICKAL P.O., PERUMBAVOOR, PIN-683547. BY MR.M.A.ABDUL HAKHIM,ADVOCATE MR.JYOTHISH.J.KALLINGAL,ADVOCATE RESPONDENTS/COMPLAINANT/DEFACTO COMPLAINANT: ------------------------------------------------------------------ 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. 2. SAJEENA, AGED 25 YEARS, D/O. LATE SRI.JABBAR, KOLLATHUVEETTIL, KOTHAPARAMBU P.O. BY MR.P.M.ZIRAJ,ADVOCATE FOR R2 PUBLIC PROSECUTOR MR.GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 12/03/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N.KRISHNAN, J. ------------------------------- CRL.M.C.NO.848 OF 2007 () ----------------------------------- Dated this the 12th day of March, 2009 O R D E R This petition is filed to quash all further proceedings in Crime No.698/2008 of the Perumbavoor Police Station. Petitioner, ten in numbers are alleged to have committed the offences under Sections 498 A and 354 of IPC read with Section 34 of the IPC. The matrimonial dispute has been settled between the parties and an affidavit is filed by the wife submitting that the marriage has ended in divorce. She has received a sum of Rs.2 lakhs in full and final settlement of all claims against the former husband. The learned counsel for the wife also submits that the matter has been settled out of court and no further action is necessary. When it is so, what is the principle to be followed has been laid done in Joshi v. State of Haryana (2003 (2) KLT 1062 (SC)). The Apex Court held that it is for the High Court to take into consideration any special features which appear in a CRL.M.C.848/09 2 particular case to consider whether it is expedient and in the interest of justice to permit the prosecution to continue. It was also stated that it has become the duty of the Court to encourage the genuine settlement of the matrimonial disputes. Apex Court also held that the hyper technical view would result in counter productivity and it will defeat the purpose. Now the matrimonial dispute has been settled between the members of the wife's family and husband's family. It has ended in divorce and the amounts due are mutually paid off and there remains no other grievance. They have parted as friends and they want to live in a harmonious atmosphere. Therefore, there is no point in dragging them to face the prosecution. Therefore, invoking the powers under Section 482 of the Cr.P.C., I allow the Criminal M.C. and quash all further proceedings in Crime No.698/2008 of the Perumbavoor Police Station. M.N.KRISHNAN JUDGE prp J.B.KOSHY & THOMAS P. JOSEPH, JJ. -------------------------------------------------------- M.F.A.NO. OF 2006 () --------------------------------------------------------- J U D G M E N T --------------------------------------------------------- 6th November, 2008