IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 22ND SEPTEMBER 2009 / 31ST BHADRA 1931 Crl.MC.No. 3061 of 2009 ---------------------------------- (CRIME NO. 671/2009 OF TIRUR POLICE STATION) ...... PETITIONERS/DEFACTO COMPLAINANT AND ACCUSED: --------------------------------------------------------------------------------- 1. SUBAIDA, D/O.LATE BEERAN KOYA, AGED 56 YEARS, KOYILANDY TALUK, CHEMANCHERI AMSOM, DESOM, KOZHIKODE. 2. C.MUHAMMED, S/O.LATE KUNHUMUHAMMED, AGED 62 YEARS, CHERUPULLAI HOUSE, TIRUR TALUK, P.O.TRIPRANGODE, MALAPPURAM DISTRICT. BY ADVS. MR.K.M.FIROZ, MR.K.MUJEEB RAHAMAN. RESPONDENT/ STATE: --------------------------------- THE STATE OF KERALA, REP. BY THE SUB INSPECTOR OF POLICE, TIRUR POLICE STATION, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR. AMJAD ALI. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 22/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.3061 OF 2009 -------------------------- ORDER First petitioner is the defacto complainant and second petitioner, her husband and the accused in Crime No.671/2009 of Tirur Police Station, registered for the offence under Section 498A of Indian Penal Code. This petition is filed under Section 482 of Code of Criminal Procedure to quash the proceedings contending that in view of the settlement arrived at between the parties, there is no necessity continue the proceedings. 2. Learned counsel appearing for the petitioners and learned Public Prosecutor were heard. 3. As held by the Apex Court in B.S.Joshi v. State of Haryana ((2003) 4 SCC 675), when there is a settlement of the matrimonial disputes, it is not in the interest of justice to stand on hyper technicalities and cause hurdle in the settlement of the matrimonial disputes. In such circumstances, CRMC 3061/2009 2 when there is no chance for a successful prosecution, it is not in the interest of justice to continue the proceedings. Petition is allowed. Crime No.671/2009 of Tirur Police Station as against the petitioners is quashed. 22nd September, 2009 (M.Sasidharan Nambiar, Judge) tkv