IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 27TH AUGUST 2009 / 5TH BHADRA 1931 Crl.MC.No. 2861 of 2009() ------------------------------------ CRIME NO.26/2009 OF KUMBLA POLICE STATION. ................ PETITIONER/DEFACTO COMPLAINANT ------------------------------------------------------- FATHIMATH ZEENATH, D/O. MOHAMMED, RESIDING AT THOUFEEQ MANZIL, ADKAM, MANGALPADY P.O., KASARAGOD. BY ADV. MR.T.G.RAJENDRAN RESPONDENT/ACCUSED 1,2 AND 4/STATE ------------------------------------------------------------- 1. IBRAHIM PERAL, S/O. ADKA POKKER @ ABOOBACKER, RESIDING AT DARU THOUFEEQ, PERAL, MOGRAL P.O., KASARAGOD. 2. UMMER, S/O. ADKA POKKER, RESIDING -DO- 3. BEEPATHUMMA, D/O. ADKA POKKER, RESIDING -DO- 4. SUB INSPECTOR OF POLICE, KUMBLA POLICE STATION. 5. STATE, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R4 & R5 BY PUBLIC PROSECUTOR MR.AMJAD ALI. R1 TO R3 BY ADV. SMT.T.K.VANDANA. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 27/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.2861 of 2009 -------------------------- ORDER Petitioner is the defacto complainant and respondents 1 to 3 are accused 1, 2 and 4 in Crime No.26/2009 of Kumbla Police Station, registered for the offences under Sections 323, 406, 498A and 506 (i) read with Section 149 of Indian Penal Code. This petition is filed under Section 482 of Code of Criminal Procedure to quash Annexure-I FIR and the further proceedings contending that the matrimonial disputes with the first respondent, the husband and respondents 2 and 3, the in-laws, were amicably settled and in such circumstances, it is not in the interest of justice to proceed with the case. 2. When the defacto complainant herself approaches this Court and submits that the matrimonial disputes were amicably settled, as held by the Apex Court in B.S.Joshi v. State of Haryana ((2003) 4 SCC 675), it is not in the interest of CRMC 2861/09 2 justice to proceed with the case further standing on technicalities. Petition is allowed. Annexure-I FIR in Crime No.26/2009 of Kunbla Police Station and all further proceedings are quashed. 27th August, 2009 (M.Sasidharan Nambiar, Judge) tkv