IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 23RD NOVEMBER 2010 / 2ND AGRAHAYANA 1932 Crl.MC.No. 4616 of 2010 ---------------------------------- [CRIME NO.348/2010 OF THE PARAPPANANGADI POLICE STATION] .............. PETITIONERS/ACCUSED: ------------------------------------ 1. K.K.HAMSA,S/O.KUTOOCHI AHAMMED, AGED 52 YEARS,KIZHAKKATH HOUSE,ROOM NO.2, CHERIYAMOIDEEN HAJI QUARTERS ,PALATHINGAL P.O, PARAPPANANGADI,MALAPPURAM DISTRICT. 2. K.K.CHEKU,S/O.KUTOOCHI AHAMMED, AGED 52 YEARS, KIZHKKATH HOUSE, MAMPURAM P.O, MALAPPURAM DISTRICT. BY ADVS. SRI.BABU S. NAIR, SRI.K.RAKESH. RESPONDENTS/STATE & DEFACTO COMPLAINANT: --------------------------------------------------------------------------- 1. THE STATE OF KERALA,REPRESENTED BY THE SUB INSPECTOR OF POLICE, PARAPPANANGADI POLICE STATION- THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-31. 2. ASIYA,D/O.MOOSAKUTTY,KARIMATTIL HOUSE, KOORIYAD P.O, THIROORANGADI,MALAPPURAM DISTRICT, PIN- 676 303. R1 BY PUBLIC PROSECUTOR SRI. I.V. PRAMOD, R2 BY ADV. SMT.M.T.SHEEBA. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.4616 of 2010 -------------------------- ORDER Petitioners are the accused and second respondent, the defacto complainant in Crime No. 348/2010 of Parappanangadi Police Station, taken cognizance for the offences under Sections 498A, 406 and 423 read with Section 34 of Indian Penal Code based on Annexure-A complaint filed by the second respondent before Judicial First Class Magistrate's Court, Parappanangadi and sent for investigation under Section 156(3) of Code of Criminal Procedure. First petitioner and second respondent are husband and wife. Second petitioner is the brother of the first petitioner. This petition is filed under Section 482 of Code of Criminal Procedure to quash the proceedings contending that entire matrimonial disputes were settled amicably and consequent to the settlement, it is not in the interest of justice to continue CRMC 4616/10 2 the prosecution. 2. Second respondent appeared through a counsel and filed an affidavit stating that entire matrimonial disputes were settled amicably and consequent to the settlement, since for the last two months she is living with first petitioner and in such circumstances, it is not in the interest of justice to continue the prosecution. 3. Learned counsel appearing for the petitioners, second respondent and learned Public Prosecutor were heard. 4. It was based on Annexure-A complaint filed by the second respondent wife, crime was registered for the offences under Sections 498A, 406 and 423 read with Section 34 of Indian Penal Code. As held by the Apex Court in B.S.Joshi v. State of Haryana ((2003) 4 SCC 675), when the matrimonial disputes are settled amicably, it is not in the interest of justice to continue the prosecution. The affidavit filed by the second respondent wife establishes CRMC 4616/10 3 that entire matrimonial disputes were settled amicably. In such circumstances, it is not in the interest of justice to continue the prosecution. Petition is allowed. Crime No.348/2010 of Parappanangadi Police Station is quashed. 23rd November, 2010 (M.Sasidharan Nambiar, Judge) tkv