IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 11TH MARCH 2009 / 20TH PHALGUNA 1930 Crl.MC.No. 940 of 2009() --------------------------------- CRIME NO.471/2008 OF PONNANI POLICE STATION .................. PETITIONERS/ACCUSED: ----------------------------------- 1. FIROS BABU, S/O.MOHAMED @ KUNHAPPU HAJI, LAILA MANZIL, PALLIKKAL BAZAR, KUTTIPPURAM, MALAPPURAM DISTRICT. 2. KUNHIMOL, W/O.MOHAMED @ KUNHAPPU HAJI, DO. DO. 3. MOHAMED @ KUNHAPPU HAJI, RESIDING AT DO. DO. BY ADV. MR.K.P.SUDHEER RESPONDENTS/STATE & DEFACTO COMPLAINANT: --------------------------------------------------------------------------- 1. THE STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING SUB INSPECTOR OF POLICE, PONNANI POLICE STATION, PONNANI. 2. ANEESHA, D/O.ASHRAF, ALFAS HOUSE, NEAR K.S.R.T.C. BUS STATION, P.O.PONNANI SOUTH, PONNANI, MALAPPURAM DISTRICT. PUBLIC PROSECUTOR MR.GIKKU JACOB FOR R1 ADV. MR.SANTHEEP ANKARATH FOR R2 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 11/03/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Rs/ M.N. KRISHNAN, J ----------------------- CRL.M.C.No. 940 OF 2009 --------------------------------- Dated this the 11th day of March, 2009 O R D E R This petition is filed to quash all further proceedings in Crime No. 471/2008 of the Ponnani Police Station. The husband and his men are alleged to have committed offences punishable under Section 498 A and 406 r/w. Section 34 of the IPC. The matter is now settled between the parties and they have decided to live separately. The wife is also represented by a counsel who admits that the matter has been settled. Now in the light of the decision reported in B.S. Joshi and another Vs. State of Haryana and another [2003 (4) SCC 675] the apex court held that the settlement of matrimonial disputes should be encouraged. The court has also held that one should not be hyper technical so as to make the whole process counterproductive. The court has also reminded that while invoking power under Section 482 of the Crl.P.C, the High Court is expected to see what will be the end result if the prosecution is permitted to continue. Now the husband and wife have amicably Crl.M.C. 940/2009 -2- settled the matter and they have decided to live separately and they had chosen to have a better harmonious and calm atmosphere, thereby putting an end to all matrimonial disputes between them. When it is so, it may not be proper to direct them to undergo the agony of a criminal prosecution. Therefore the Crl.M.C is allowed and all further proceedings in Crime No. 471/2008of the Ponnani Police Station is quashed. M.N. KRISHNAN, JUDGE vkm