IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 17TH SEPTEMBER 2010 / 26TH BHADRA 1932 Crl.MC.No. 3835 of 2010() ------------------------------------ CRIME NO.124/2010 OF FEROKE POLICE STATION, KOZHIKODE. .............. PETITIONER(S): ACCUSED --------------------------------------- 1. SAID MOHAMMED SHIBHABUDEEN THANGAL, S/O.MUHAMMED JAN THANGAL, RESIDING AT PARAKADAVATH HOUSE, LIC STOP, RAMANATTUKARA. 2. ABU SHIHAB THANGAL ALIAS MOHAMMED JAN THANGAL, RESIDING AT PARAKADAVATH HOUSE, LIC STOP, RAMANATTUKARA. 3. ATTA BEEVI, W/O.MUHAMMED JAN THANGAL, RESIDING AT PARAKADAVATH HOUSE, LIC STOP, RAMANATTUKARA. 4. BUSHRA BEEVI, D/O.MUHAMMED JAN THANGAL, RESIDING AT PARAKADAVATH HOUSE, LIC STOP, RAMANATTUKARA. 5. SHAHARBAN, D/O.MUHAMMED JAN THANGAL, RESIDING AT PARAKADAVATH HOUSE, LIC STOP, RAMANATTUKARA. BY ADV. SRI.P.V.KUNHIKRISHNAN RESPONDENT(S): COMPLAINANT ------------------------------------ ------------ 1. AMEERA MOL, D/O. K.M.P.ZAINUDEEN KOYA THANGAL, KIZHAKKEPPURATH MOIDEEN PALLIKKAN HOUSE, EDARIKKODU P.O., CLARI AMSOM, MALAPPURAM. 2. S.I. OF POLICE, FEROKE POLICE STATION, KOZHIKODE. 3. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 ADV. SRI.O.V.MANIPRASAD R2 & R3 BY PUBLIC PROSECUTOR SRI.P.A.SALIM THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 17/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No. 3835 OF 2010 =========================== Dated this the 17th day of September,2010 ORDER Petitioners are the accused and first respondent the de facto complaint in Crime 124/2010 of Feroke Police Station registered under Annxure A F.I.R, for the offences under section 498A and 406 read with section 34 of Indian Penal Code and Section 4 of Dowry Prohibition Act. This petition is filed under section 482 of Code of Criminal Procedure to quash the F.I.R and the further proceedings contending that entire disputes were settled amicably and consequent to the settlement, it is not in the interest of justice to continue the prosecution. Petitioner contended that matrimonial disputes were settled before this court in the High Court Lok Adalat held on 15.9.2010 and the compromise was recorded and Crl.M.C.3835/2010 2 it was also agreed that first respondent will not proceed with the criminal case further. 2. First respondent appeared through a counsel and filed an affidavit stating that entire matrimonial disputes were settled amicably and consequent to the settlement she has no grievance against the petitioners and has no objection for quashing the proceedings. 3. Learned counsel appearing for the petitioners, first respondent and learned Public Prosecutor were heard. 4. The affidavit filed by the first respondent wife, the de facto complainant, establishes that entire matrimonial disputes were settled with the petitioners amicably and consequent to the settlement, she has no subsisting grievance against the petitioners. 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 stand on technicalities and proceed with Crl.M.C.3835/2010 3 the prosecution. Petition is allowed. Crime 124/2010 of Feroke Police Station is quashed. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006