IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 6TH MAY 2010 / 16TH VAISAKHA 1932 Crl.MC.No. 1604 of 2010() ------------------------- CRIME NO.444 OF 2008 OF MALA POLICE STATION PETITIONER(S)/DEFACTO COMPLAINANT AND ACCUSED: --------------- 1. ASHIFA,AGED 26,D/O.ASHRAF PANIKKAVEETTIL HOUSE, LOKAMALESWARAM VILLAGE, KAVILKADAV,KODUNGALLUR. 2. SHIYAD,AGED 3O,S/O.MOIDEEN, THARUPEEDIKAYIL HOUSE, PUTHENCHIRA VILLAGE,THRISSUR. BY ADV. SRI.RENJITH B.MARAR SRI.L.RAJESH NARAYAN IYER SMT.LAKSHMI.N.KAIMAL RESPONDENT(S)/COMPLAINANT: --------------- STATE OF KERALA,REPRESENTED BY THE SUB INSPECTOR OF POLICE,MALA POLICE STATION, THROUGH THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA ERNAKULAM. BY PUBLIC PROSECUTOR SMT.REKHA C. NAIR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 06/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P. JOSEPH, J. -------------------------------------- Crl.M.C.No.1604 of 2010 -------------------------------------- Dated this the 6th day of May, 2010. ORDER At a time when petitioner No.1, wife and petitioner No.2, husband were at loggerheads, she initiated criminal prosecution for the offence punishable under Section 498A of the Indian Penal Code (for short, “the Code”) which resulted in Annexure-A, FIR in Crime No.444 of 2008 of Mala Police Station for the said offence. In the meantime petitioner No.1 had preferred some other proceeding against petitioner No.2 in the Family Court concerned. Police investigated the case and submitted final report in Crime No.444 of 2008 reporting commission of the offence under Section 498A of the Code. While so petitioner Nos.1 and 2 settled the disputes among them and now do not want to continue with the prosecution of Crime No.444 of 2008. Learned counsel for petitioners submits that the case pending in the Family Court is also agreed to be withdrawn by petitioner No.1. I have heard learned Public Prosecutor for respondent also. 2. Dispute involved is purely personal and concerned family problems among petitioner Nos.1 and 2. They have jointly filed this petition to quash Annexure-A, FIR and the proceedings pursuant thereto. Having regard to the purely personal nature of the dispute arising from domestic problems, I am inclined to think that in view of the settlement reached between the parties it is not worthwhile to continue the criminal prosecution as it would only be a waste Crl.M.C.No.1604/2010 2 of energy, time and money. The Supreme Court in B.S.Joshi v. State of Haryana (AIR 2003 SC 1386) has stated that in such situation High Court could exercise the power under Section 482 of the Code of Criminal Procedure. Accordingly this petition is allowed. Annexure-A, FIR in Crime No.444 of 2008 of Mala Police Station, final report submitted therein and all proceedings pursuant thereto are quashed. Crl.M.A.No.2607 of 2010 will stand dismissed. THOMAS P.JOSEPH, Judge. cks