IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 24TH NOVEMBER 2010 / 3RD AGRAHAYANA 1932 Crl.MC.No. 4536 of 2010() ------------------------------- CC.564/2009 of JUDL.MAGISTRATE OF FIRST CLASS COURT, TIRUR, CRIME NO. 428/2009 OF TIRUR POLICE STATION. .................... PETITIONER(S):/ACCUSED -------------------------------- 1. ABDUL NAZAR, S/O.AYAMU, AGED 35 YEARS, KUNIYIL CHEMBAYIL, THALAKADATHOOR,TIRUR,MALAPPURAM DISTRICT 2. UMMUSALMA,W/O.AYAMU, AGED 45 YEARS,-DO- BY ADVS. SRI.K.P.SUDHEER SRI. SANTHEEP ANKARATH RESPONDENT(S)/STATE & COMPLAINANT ------------------------------------------------ 1. THE STATE OF KERALA, REP.BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM, REPRESENTING SUB INSPECTOR OF POLICE TIRUR POLICE STATION ,TIRUR-676101, MALAPPURAM DIST 2. SALIHA SHAMSIYA, D/O.KUNHIMOIDEEN, KOKKARANIKKAL HOUSE, MEENADATHOOR POST PIN-676 307 CHEMBRA, TIRUR,MALAPPURAM DIST. R1 BY PUBLIC PROSECUTOR SRI.I.V.PRAMOD R2 BY ADV. SRI.SANTHEEP ANKARATH THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 24/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs/ M.SASIDHARAN NAMBIAR,J. --------------------------------------------- CRL.M.C.NO.4536 OF 2010 --------------------------------------------- Dated 24th November, 2010 O R D E R Petitioners are the accused and second respondent, the de facto complainant in C.C.564/2009 on the file of Judicial First Class Magistrate's Court, Tirur, taken cognizance for the offence under Section 498 A read with Section 34 of Indian Penal Code on Annexure-A3 final report in crime No.428/2009. That crime was registered based on Annexure-A2 complaint filed by the second respondent before Judicial First Class Magistrate, Tirur and sent for investigation under Section 156(3) of Code of Criminal Procedure. First petitioner is the husband of the second respondent. Second petitioner is the sister Crmc 4536/10 2 of the first petitioner. Petition is filed under Section 482 of Code of Criminal Procedure to quash the proceedings pending before the Magistrate contending that entire matrimonial disputes were settled amicably and consequent to the settlement, it is not in the interest of justice of justice to continue the prosecution. 2. Second respondent appeared through a counsel and filed an affidavit stating that entire matrimonial disputes were settled amicably and consequent to the settlement Annexure-A4 agreement was also entered into and she has no objection for quashing the proceedings. 3. Learned counsel appearing for the petitioners, second respondent and learned Public Prosecutor were heard. 4. As declared by the Apex Court in Crmc 4536/10 3 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 standing on technicalities. Affidavit filed by the second respondent establishes that entire matrimonial disputes are settled amicably. In such circumstances, it is not in the interest of justice to continue the prosecution. Petition is allowed. C.C.564/2009 on the file of Judicial First Class Magistrate's court, Tirur is quashed. M.SASIDHARAN NAMBIAR, JUDGE. uj.