IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 9TH OCTOBER 2009 / 17TH ASWINA 1931 Crl.MC.No. 3256 of 2009() ------------------------- CC.160/2009 of CHIEF JUDICIAL MAGISTRATE, KASARAGOD .................... PETITIONER(S): --------------- 1. HAMZA.T.A. AGED 27 YEARS, THURUTHI HOUSE,KASARAGOD. 2. ABDUL KHADER HAJEE AGED ABOUT 59 YEARS, THURUTHI HOUSE,KASARAGOD. 3. MARIYAMMA AGED 50 YEARS W/O.ABDUL KHADER HAJEE ,THURUTHI HOUSE,KASARAGOD. 4. USMAN, AGED 24 YEARS S/O.ABDUL KHADER HAJEE ,THURUTHI HOUSE,KASARAGOD. 5. ABBAS HAJEE, AGED ABOUT 50 YEARS S/O.ANDUKKAI, TIPPU NAGAR, KOLLAMPADY, KASARAGOD. BY ADV. SRI.T.B.SHAJIMON SMT.GOVINDU P.RENUKADEVI RESPONDENT(S): --------------- 1. AYSHATH NISA, AGED 20 YEARS D/O.M.ABDUL KADER, NADUVALAPPIL HOUSE KANNUR PO, EDANAD VILLAGE, KASARAGOD. 2. STATE OF KERALA REP BY S H O KASARAGOD POLICE STATION REP BY THE PUBLIC PROSECUTOR, ERNAKULAM. ADV. SRI.SIJU MATHEW FOR R1 R2 BY PUBLIC PROSECUTOR SRI.B.JAYASOORYA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 09/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.SASIDHARAN NAMBIAR,J. ------------------------------------------ CRL.M.C.NO. 3256 OF 2009 ------------------------------------------ Dated 9th October 2009 O R D E R Petitioners are accused in C.C.160/2009 on the file of Chief Judicial Magistrate, Kasaragod taken cognizance for the offence under Sections 498 A and 323 read with Section 149 of Indian Penal Code. First respondent is the de facto complainant, the wife of the first petitioner. This petition is filed under Section 482 of Code of Criminal Procedure to quash the case contending that entire matrimonial disputes were settled between the parties amicably and in view of the settlement, it is not in the interest of justice to continue the prosecution. 2. First respondent appeared through a counsel and filed Annexure-A2 compromise petition along with petitioners stating that entire matrimonial disputes were settled between them and first respondent has no subsisting grievance against the petitioners and she has no objection for dropping the proceedings as against the petitioners. CRMC 3256/09 2 3. Learned counsel appearing for the petitioners, first respondent and learned Public Prosecutor were heard. 4. Annexure-A1 final report establish that allegation against petitioners is that they committed matrimonial offence. Compromise petition filed by the first respondent along with petitioners establish that entire matrimonial disputes were settled between the parties. As held by the Apex court in B.S.Joshi and others v. State of Haryana and another (2003(4) SCC 675) when the matrimonial disputes were settled between the parties, it is not in the interest of justice to stand on technicalities and to proceed with the case. In such circumstances, in the interest of justice, the case is to be quashed. Petition is allowed. C.C.160/2009 on the file of Chief Judicial Magistrate, Kasaragod is quashed. M.SASIDHARAN NAMBIAR, JUDGE. uj.