IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 22ND DECEMBER 2010 / 1ST POUSHA 1932 Crl.MC.No. 5028 of 2010() ----------------------- CRIME NO. 684/2009 OF VADAKARA POLICE STATION, KOZHIKODE ........................... PETITIONERS / ACCUSED: -------------------------------------- 1. DILEEP KUMAR, S/O. SAKHARAN, AGED 39 YEARS, ANUGRAHA FLATS, NEAR, CO-OPERATIVE HOSPITAL, VADAKARA. 2. LEELAVATI, D/O. BAPPU, AGED 67 YEARS, -DO -DO- 3. PRADEEP KUMAR, S/O. SAKHARAN, AGED 42 YEARS, ANUGRAHA FLATS, NEAR CO-OPERATIVE HOSPITAL, VADAKARA. 4. SURESH KUMAR, S/O. SEKHARAN, AGED 47 YEARS, 36/5, VTH CROSS STREET, KAMPER NAGAR, KOLATHAS, CHENNAI-82. 5. SEENA, D/O. ANANDAN, AGED 37 YEARS, ANUGRAHA FLATS, NEAR, NEAR CO-OPERATIVE HOSPITAL, VADAKARA. 6. SUPRIYA, W/O. SUNIL KUMAR, AGED 42 YEARS, ANUGRAHA FLATS, NEAR CO-OPERATIVE HOSPITAL, VADAKARA. 7. MEENA, D/O. SEKHARAN, AGED 45 YEARS, B/10, CAMARA APARTMENT, RUMDAMOL, DAMORLIKM MARGOA, PIN-403707. BY ADV. SRI.P.M.HABEEB RESPONDENTS / STATE : ------------------------------------ 1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM (CRIME NO. 684 OF 2009 OF VADAKARA POLICE STATION) ...2/- Crl.MC.No. 5028 of 2010() -2- 2. JISHA, D/O. RAJAN, AGED 28 YEARS, PARAMBATHVEEDU, MAPPILLY COLLEGE P.O., VADAKARA, PIN – 673 103. R1 BY PUBLIC PROSECUTOR SRI. I.V. PRAMOD R2 BY ADV. SRI.JYOTHI JOSEPH THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 22/12/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.5028 of 2010 -------------------------- ORDER Petitioners are the accused and second respondent, the defacto complainant in Crime No. 684/2009 of Vadakara Police Station, taken cognizance for the offence under Sections 406 and 498A read with Section 34 of Indian Penal Code on the first information statement of the second respondent. This petition is filed under Section 482 of Code of Criminal Procedure to quash the proceedings contending that entire matrimonial disputes were settled amicably and consequent to the settlement, it is not in the interest 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 therefore, she has no objection for quashing the proceedings. CRMC 5028/10 2 3. Learned counsel appearing for the petitioners, second respondent and learned Public Prosecutor were heard. 4. First petitioner is the husband and second respondent, the wife. Affidavit filed by the second respondent establishes that she has settled all the matrimonial disputes with the petitioners and consequent to the settlement, she has no grievance against them. As held by the Apex Court in B.S.Joshi v. State of Haryana ((2003) 4 SCC 675), when the matrimonial disputes are settled amicably, it is not in the interest of justice to stand on technicalities and continue the prosecution. Hence, FIR and further proceedings is to be quashed. Petition is allowed. Crime No.684/2009 of Vadakara Police Station, registered under Annexure- 1 FIR is quashed. 22nd December, 2010 (M.Sasidharan Nambiar, Judge) tkv