IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 18TH AUGUST 2009 / 27TH SRAVANA 1931 Crl.MC.No. 2524 of 2009(A) ------------------------------------ CC.700/2008 of JUDL.MAGISTRATE OF FIRST CLASS, AMABALAPUZHA (CRIME NO.394/2006 OF AMBALAPUZHA POLICE STATION) ................................................ PETITIONER(S): ACCUSED ------------------------------------- 1. NISSAMUDHIN, S/O.UMMARKUTTY, AGED 43 YEARS, KANDATHIL HOUSE, THOTTAPPALLY KARA, WARD NO.10, PURAKKAD PANCHAYATH. 2. SAINABA, W/O.MUHAMMEDKUTTY, PARATHURUTH HOUSE, WEST OF NARAKATHARA JUNCTION, KUMARAPURAM PANCHAYATH, HARIPPAD. 3. NABEESATH, W/O.RASHEED, THOTTUNKALPURAYIDAM, VATTAPPALLY ROAD, SAKKARIA WARD, ALAPPUZHA MUNICIPALITY. 4. AABIDA, W/O.SHAMSUDHIN, KOCHIPARAMBIL HOUSE, NEAR VELLANA JUNCTION, VIYYAPURAM PANCHAYATH. 5. SUBAIDA, W/O.ABDUL AZEES, PAZHAVACHALIL HOUSE, CHINGOLI MURI, CHINGOLI PANCHAYATH, KARTHIKAPPALLY. BY ADV. SRI.C.A.CHACKO SMT.C.M.CHARISHMA SRI.N.A.SHAFEEK SRI.K.S.SALEESH RESPONDENT(S): COMPLAINANT AND DEFACTO-COMPLAINANT ---------------------------------------------------------------------------------------------- 1. THE STATE OF KERALA, REPRESENTING CIRCLE INSPECTOR OF POLICE, AMBALAPUZHA POLICE STATION, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SAJITHA, D/O.AHAMMED KOYA, AGED 30 YEARS, PADAVUPURACKAL HOUSE, KURAVANTHODE WEST, PUNNAPRA PANCHAYATH. PUBLIC PROSECUTOR SRI.S.U.NAZAR. ADV. SRI.PMM.NAJEEB KHAN FOR R2 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.2524 of 2009 -------------------------- ORDER Petitioners are the accused and second respondent, the defacto complainant in C.C.No.700/2008 on the file of Judicial First Class Magistrate's Court, Ambalapuzha. Prosecution case is that petitioners committed offence under Section 498A read with Section 34 of Indian Penal Code. Second respondent is the wife of the first petitioner. This petition is filed under Section 482 of Code of Criminal Procedure to quash the proceedings contending that there was an amicable settlement of all the disputes between the petitioners and second respondent. It is contended that O.P.No. 210/2007 filed by the second respondent before Family Court, Alappuzha for recovery of money and ornaments was also disposed accepting the settlement and in such circumstances, it is not in the interest of justice to proceed with the case. 2. Second respondent appeared through a counsel. Petitioners, along with the second respondent, filed a CRMC 2524/09 2 joint petition stating that there was an amicable settlement of all disputes between them and in such circumstances, the case is to be quashed. 3. Learned counsel appearing for the petitioners, second respondent and learned Public Prosecutor were heard. 4. On hearing the learned counsel appearing for the petitioners and second respondent and from Annexure-II joint petition, it is clear that there was a settlement of the matrimonial disputes between the first petitioner and second respondent. As held by the Apex Court in B.S.Joshi v. State of Haryana ((2003) 4 SCC 675), when there is an amicable settlement of the matrimonial dispute, it is not in the interest of justice to proceed with the case further. Petition is allowed. C.C.No.700/2008 on the file of Judicial First Class Magistrate's Court, Ambalapuzha is quashed. 18th August, 2009 (M.Sasidharan Nambiar, Judge) tkv