IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 17TH DECEMBER 2010 / 26TH AGRAHAYANA 1932 Crl.MC.No. 4804 of 2010() ------------------------------------ CC.1158/2006 of JUDL. MAGISTRATE OF FIRST CLASS, MALAPPURAM CRIME NO. 95/2001 OF VAZHAKKAD POLICE STATION .................... PETITIONER(S): APPLICANT ---------------------------------------- MARATHAKODAN ABDUL GAFOOR, S/O.MUHAMMED, KARYOT HOUSE, VETTATHUR, CHERUVAYOOR P.O., MALAPPURAM DISTRICT. BY ADV. SRI.P.VENUGOPAL (1086/92) RESPONDENT(S): STATE ------------------------------------ 1. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, (REPRESENTING SUB INSPECTOR OF POLICE, VAZHAKKAD, MALAPPURAM DISTRICT). 2. FATHIMATH SUHARA, D/O.PEREDATH METHAL KOMUKUTTY, MUNDUMUZHI, KARUMARAKAD AMSOM, VAZHAKKAD DESOM, VAZHAKKAD P.O., MALAPPURAM DISTRICT. R1 BY PUBLIC PROSECUTOR SRI. I.V. PRAMOD R2 BY ADV. SRI.M.REVIKRISHNAN THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 17/12/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts M.SASIDHARAN NAMBIAR,J. --------------------------------------------- CRL.M.C.NO.4804 OF 2010 --------------------------------------------- Dated 17th December, 2010 O R D E R Petitioner was the first accused in C.C.1002/2001 on the file of Judicial First Class Magistrate's Court, Malappuram. As petitioner was absconding, case against him was split up and refiled as C.C.1158/2006. Accused 2 and 3 were tried and by Annexure-C judgment, they were acquitted of the offence under Section 498 A read with Section 34 of Indian Penal Code. Petition is filed under Section 482 of Code of Criminal Procedure contending that entire disputes with the second respondent, wife were settled amicably and consequent to the settlement, it is not in the interest of justice to continue the prosecution. Crmc 4804/10 2 2. Second respondent appeared through a counsel and filed an affidavit stating that entire disputes were settled amicably and consequent to the settlement, it is not in the interest of justice to continue the prosecution and in such circumstances, there is no objection for quashing the proceedings. 3. Learned counsel appearing for the petitioner, second respondent and learned Public Prosecutor were heard. 4. By Annexure-C judgment, accused 2 and 3 were already acquitted. Affidavit filed by second respondent, wife establishes that she has settled entire matrimonial disputes with the petitioner. In such circumstances, 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 Crmc 4804/10 3 settled amicably between the husband and wife, it is not in the interest of justice to continue the prosecution. Petition is allowed. C.C.1158/2006 on the file of Judicial First Class Magistrate's Court, Malappuram is quashed. M.SASIDHARAN NAMBIAR, JUDGE. uj.