IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 28TH OCTOBER 2010 / 6TH KARTHIKA 1932 Crl.MC.No. 3357 of 2010() ----------------------------------- ( CRIME NO. 159/2009,CHOMBALA POLICE STATION,VADAKARA TALUK, KOZHIKODE DISTRICT.) ------------------- PETITIONER(S): ACCUSED NO. 1 TO 5 ------------------------------------------------------ 1. SUNIL KUMAR, S/O.KUMARAN, AGED 38 YEARS, PARANGIMAVULLA PARAMBATHU, CHOMBALA, VADAKARA TALUK, KOZHIKODE DISTRICT. 2. KUMARAN, S/O.CHEKKOTTI, AGED 65 YEARS, PARANGIMAVULLA PARAMBATHU, CHOMBALA, VADAKARA TALUK, KOZHIKODE DISTRICT. 3. SAROJINI, W/O.KUMARAN, AGED 55 YEARS, PARANGIMAVULLA PARAMBATHU, CHOMBALA, VADAKARA TALUK, KOZHIKODE DISTRICT. 4. SUJESH, S/O.KUMARAN, AGED 26 YEARS, PARANGIMAVULLA PARAMBATHU, CHOMBALA, VADAKARA TALUK, KOZHIKODE DISTRICT. 5. SUNIJA, D/O.KUMARAN, AGED 28 YEARS, MEETHALE THAYYULLA PARAMBATH, PAZHAMKAVU, VADAKARA. BY ADV. SRI.AVM.SALAHUDIN RESPONDENT(S): COMPLAINANT/STATE ---------------------------------------------------------- 1. REENA, D/O.NARAYANAN, AGED 36 YEARS, KUZHINHAVATTAM KUNIYIL, CHOMBALA.P.O., VADAKARA TALUK, KOZHIKODE DISTRICT- 673 308 2. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 BY ADV. SRI.M.MUHAMMED SHAFI R2 BY PUBLIC PROSECUTOR SRI. P.A.SALIM THIS CRIMINAL MISC. CASE HAVING FINALLY HEARD ON 28/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No. 3357 OF 2010 =========================== Dated this the 28th day of October,2010 ORDER First petitioner is the husband and first respondent his wife. Petitioners 2 and 3 are the parents and 4 and 5 the brother and sister of the first petitioner. Petitioners are the accused and first respondent, the de facto complainant in Crime No.159/2009 of Chombala Police Station registered for the offences under sections 498A and 406 read with section 149 of Indian Penal Cod under Annexure A F.I.R, based on a private complaint filed by the first respondent and sent for investigation under section 156(3) of Code of Criminal Procedure. This petition is filed under section 482 of Code of Criminal Procedure to quash the proceedings contending that entire matrimonial disputes were settled amicably, as evidenced Crl.M.C.3357/2010 2 by Annexure B agreement 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 entire matrimonial disputes were settled amicably under Annexure B agreement and she has no further grievance against the petitioners and therefore there is no objection for quashing the proceedings. 3. Learned counsel appearing for the petitioners, first respondent and learned Public Prosecutor were heard. 4. The affidavit filed by the first respondent with Annexure B agreement establishes that entire matrimonial disputes were settled. 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 continue the prosecution. Crl.M.C.3357/2010 3 Petition is allowed. Crime 159/2009 registered under Annexure A F.I.R is quashed. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006