IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 10TH MARCH 2010 / 19TH PHALGUNA 1931 Crl.MC.No. 833 of 2010() ------------------------ (CRIME NO.2824 OF 2008 OF ALUVA POLICE STATION, ERNAKULAM) ---------------------------- PETITIONERS/ACCUSED NOS. 1 TO 4: ----------------------------------------------------- 1. ANSAR, SON OF ALIYAR, AGED 30 YEARS, CHEERAMKUDI VEEDU, EDATHALA KARA, ALUVA. 2. BEEVATHU, WIFE OF ALIYAR, AGED 52 YEARS, CHEERAMKUDI VEEDU, EDATHALA KARA, ALUVA. 3. ALIYAR, SON OF KUTTI HAJI, AGED 62 YEARS, CHEERAMKUDI VEEDU, EDATHALA KARA, ALUVA. 4. ANWAR, SON OF ALIYAR, AGED 35 YEARS, CHEERAMKUDI VEEDU, EDATHALA KARA, ALUVA. BY ADV. SRI.P.M.ZIRAJ RESPONDENTS/COMPLAINANT AND CW1: ---------------------------------------------------------- 1. STATE OF KERALA REP. BY PUBLIC PROSECUTOR, HONOURABLE HIGH COURT OF KERALA AT ERNAKULAM REP. BY SUB INSPECTOR OF POLICE, ALUVA POLICE STATION IN CRIME NO.2824 OF 2008. 2. FABEENA, WIFE OF ANSAR, AGED 27 YEARS, KILIYANGAL HOUSE, KAKKANADU, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. K.S.SIVAKUMAR ADV. SRI.JOSE MATHEW (PALACHUVADU) FOR R2 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 10/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.SASIDHARAN NAMBIAR, J. --------------------------- CRL.M.C. No. 833 OF 2010 -------------------------- Dated this the 10th day of March, 2010 O R D E R Petitioners are the accused and second respondent, the de facto complainant in Crime No.2824 of 2008 of Aluva Police Station registered for the offence under Section 498 A on Annexure-AI first information report. Petition is filed under Section 482 of Code of Criminal Procedure to quash the first information report contending that entire matrimonial disputes were amicably settled and in such circumstances, it is not in the interest of Justice to continue the prosecution. 2. The second respondent appeared through a counsel and filed an affidavit stating that the entire matrimonial disputes were settled amicably and consequent to the settlement, she has no grievance against the petitioners and she has no objection for quashing the proceedings. 3 Learned counsel appearing for the petitioners, second respondent and learned Public Prosecutor were heard. 4. The affidavit filed by second respondent wife establishes that the entire matrimonial disputes were settled amicably and Crl.M.C. No.833/2010 2 consequent to the settlement second respondent has no subsisting grievance against the petitioners. 5. As held by the Apex Court in B.S.Joshi and others v. State of Haryana and another (2003 (4) SCC 675), when matrimonial disputes are settled amicably, it is not in the interest of justice to stand on technicalities and continue the prosecution Petition is allowed. Annexure-A1 first information report in Crime No.2824 of 2008 of Aluva Police Station is quashed. M.SASIDHARAN NAMBIAR (JUDGE) vps Crl.M.C. No.833/2010 3