IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 9TH SEPTEMBER 2010 / 18TH BHADRA 1932 Crl.MC.No. 3730 of 2010() ------------------------- (AGAINST CRIME NO.500/2010 OF NJARACKAL POLICE STATION IN JUDICIAL FIRST CLASS MAGISTRATE COURT-I, KOCHI). PETITIONERS/ACCUSED ---------------------- 1. P.D.VARGHESE JOY, AGED 41, S/O. DAVID, H.NO.21/914,PALLIPARAMBIL HOUSE, PALLURUTHY, KOCHI-6. 2. PHILOMINA, AGED 68, W/O.DAVID, PALLIPARAMBIL HOUSE, PERUMPADAPPU, PALLURUTHY PO,KOCHI-6. BY ADV. SRI.G.KRISHNAKUMAR RESPONDENTS/COMPLAINANT/STATE -------------------------------- 1. ROSELY SINDHU, AGED 32, (DEFACTO COMPLAINANT) D/O. SANDHYAV, PALLIPARAMBIL HOUSE, NEAR GAS GODOWN, VALAPPU, VYPPIN. 2. SUB INSPECTOR OF POLICE, NJARACKAL POLICE STATION, ERNAKULAM DIST, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, COCHIN-682031. 3. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, COCHIN-682031. BY PUBLIC PROSECUTOR STM.M.K.PUSHPALTHA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 09/09/2010,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: VK M.SASIDHARAN NAMBIAR,J. --------------------------------------------- CRL.M.C.NO.3730 OF 2010 --------------------------------------------- Dated 9th September, 2010 O R D E R Petitioners are the accused in Crime No.500/2010 of Njarakkal Police Station registered for the offences under Sections 498A, 341, 324, 441 and 452 read with Section 34 of Indian Penal Code on Annexure-A2 FIR based on Annexure-A1 complaint filed by the first respondent before Judicial First Class Magistrate's Court, Kochi and sent for investigation under Section 156(3) of Code of Criminal Procedure. Petition is filed under Section 482 of Code of Criminal Procedure to quash the FIR and further proceedings, contending that entire matrimonial disputes of the first respondent with petitioners were Crmc 3730/10 2 settled amicably and consequent to the settlement, it is not in the interest of justice to continue the prosecution. 2. First respondent appeared through a counsel and filed an affidavit stating that subsequent to the registration of the case, based on private complaint all the disputes involved were settled amicably and consequent to the settlement, she has no grievance against the petitioners and no objection for quashing the proceedings. 3. Learned counsel appearing for the petitioners, first respondent and learned Public Prosecutor were heard. 4. Case was registered based on the private complaint filed by the first respondent before learned Magistrate and sent for investigation under Section 156(3) of Code of Crmc 3730/10 3 Criminal Procedure. Affidavit filed by the first respondent establishes that subsequently entire disputes with the husband and his relatives viz. his mother, second petitioner were settled amicably. 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 were settled amicably, it is not in the interest of justice to continue the prosecution. Petition is allowed. Crime No.500/2010 of Njarackal Police Station is quashed. M.SASIDHARAN NAMBIAR, JUDGE. uj.