IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 15TH MARCH 2010 / 24TH PHALGUNA 1931 Crl.MC.No. 864 of 2010() ---------------------------------- CC.796/2007 of JUDL.MAGISTRATE OF FIRST CLASS COURT-I, PUNALUR CRIME NO.158/2007 OF YEROOR POLICE STATION. .................... PETITIONERS/ACCUSED NOS. 1 TO 4 ----------------------------------------------------- 1. SAVADKUTTY, S/O.UMMER RAWTHAR, AGED 38 YEARS, SHAW MANZIL, ELAVUMMOODU, PATHADI, YEROOR VILLAGE, KOLLAM DISTRICT. 2. HABEEB, S/O.MAITHEENKANNU, AGED 41 YEARS, MARUTHIVILA VEEDU, ELAVUMMOODU, PATHADI, YEROOR VILLAGE, KOLLAM DISTRICT. 3. ALI UMMER RAWTHAR, S/O.SHAHUL HAMEED RAWTHAR, AGED 83 YEARS, PALAVILA VEEDU, NEAR MANALIL JUNCTION, MANALIL MURI, AAYIRANALLOOR VILLAGE, KOLLAM DISTRICT. 4. AISHA BEEVI, W/O.ALI UMMER RAWTHAR, AGED 79 YEARS, PALAVILA VEEDU, NEAR MANALIL JUNCTION, MANALIL MURI, AAYIRANALLOOR VILLAGE, KOLLAM DISTRICT. BY ADV. MR.SIJU KAMALASANAN, MR.MOHAMMED RAFI, MR.R.MAHESH VARMA. RESPONDENTS/COMPLAINANT & STATE ---------------------------------------------------------- 1. ZEENATH, D/O.NABEESA, AGED 34 YEARS, SHAW MANZIL, PATHADI MURI, YEROOR VILLAGE, KOLLAM DISTRICT. 2. STATE OF KERALA REPRESENTED BY SUB INSPECTOR OF POLICE, YEROOR POLICE STATION THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 BY ADV. MR.K.M.JAYANANDAN, MR.S.ABHILASH. R2 BY PUBLIC PROSECUTOR MR.S.U. NAZAR. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 15/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. M.SASIDHARAN NAMBIAR,J. ------------------------------------------ CRL.M.C.NO.864 OF 2010 ------------------------------------------ Dated 15th March 2010 O R D E R Petitioners are the accused and first respondent the de facto complainant in C.C.796/2007 on the file of Judicial First Class Magistrate-I, Punalur taken cognizance for the offence under Section 498 A read with section 34 of Indian Penal Code on Annexure-2 final report in crime No.158/2007, registered under Annexure-1 FIR based on complaint filed by the first respondent before learned Magistrate and sent for investigation under Section 156(3) of Code of Criminal Procedure. First petitioner is the husband and first respondent, the wife. Petition is filed under Section 482 of Code of Criminal Crmc 864/10 2 Procedure contending that there were proceedings before Family court, Kottarakkara in respect of the matrimonial disputes and all the matrimonial disputes were settled amicably and consequent to the settlement, it is not in the interest of justice to continue the prosecution. 2. First respondent appeared through a counsel and filed an affidavit stating that entire matrimonial disputes were settled when the proceedings were pending before Family court, Kottarakkara and consequent to the settlement she has no grievance against the petitioners and she has no objection for quashing the proceedings. 3. Learned counsel appearing for the petitioners, first respondent and Crmc 864/10 3 learned Public Prosecutor were heard. 4. Affidavit filed by first respondent corroborates the contention of the petitioners that there has been a complete settlement of all the matrimonial disputes. 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 continue the prosecution. Petition is allowed. C.C.796/2007 on the file of Judicial First Class Magistrate-I, Punalur is quashed. M.SASIDHARAN NAMBIAR, JUDGE. uj. Crmc 864/10 4