IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 5TH JUNE 2009 / 15TH JYAISHTA 1931 Crl.MC.No. 1312 of 2009() ------------------------- CP.4/2009 of JUDL.MAGISTRATE OF FIRST CLASS COURT-II, PERINTHALMANNA .................... (CRIME NO.205/08 OF MELATTUR POLICE STATION,MANJERI,MALAPPURAM) ...... PETITIONER(S): ACCUSED 1 & 2: ------------------------------------------------- 1. K.H.MUHAMMED IQBAL, S/O.HYDROSE, AGED 38 YEARS, KARUPPANVEEDU,NAIR VAZHI ROAD,KALATHODU, SREYAS NAGAR,OLLURKARA VILLAGE, THRISSUR. 2. FATHIMA, W/O.HYDROSE, AGED 62 YEARS, KARUPPANVEEDU, NAIR VAZHI ROAD, KALATHODU, SREYAS NAGAR,OLLURKARA VILLAGE, THRISSUR. BY ADVS. MR.C.A.CHACKO, SMT.C.M.CHARISMA, MR.N.A.SHAFEEK. RESPONDENT(S): COMPLAINANT & DEFACTO COMPLAINANT: -------------------------------------------------------------------------------------------- 1. THE STATE OF KERALA REPRESENTING SUB INSPECTOR OF POLICE, MELATTUR POLICE STATION, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. JALIYA, D/O.MUHAMMED @ MANU, AGED 25 YEARS, MELATTUR AMSOM, EDAYATTUR PO, MALAPPURAM DISTRICT. R1 BY PUBLIC PROSECUTOR MR. GIKKU JACOB R2 BY ADV. MR.BENNY VARGHESE (THETTAYIL) THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 05/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss ORDER ON CRL.M.A.NO.2058/2009 IN CRMC.NO.1312/2009 DISMISSED 5/06/2009 SD/- M.SASIDHARAN NAMBIAR, JUDGE /TRUE COPY/ P.A.TO JUDGE Kss M.SASIDHARAN NAMBIAR,J. ------------------------------------------ CRL.M.C.NO.1312 OF 2009 ------------------------------------------ Dated 5th June 2009 O R D E R Petitioners are accused 1 and 2 in C.P.4/2009 on the file of Judicial First Class Magistrate-II, Perinthalmanna. Second respondent is the wife of first petitioner. She is the defacto complainant. Prosecution case against petitioners is that they committed offences under Section 498-A, 306, 406 and 323 read with Section 34 of Indian Penal Code. When there is no case of a suicide, an offence Under Section 306 of Indian Penal Code, for abetment of suicide will not lie. Subsequently petitioner and second respondent resolved their dispute. This petition is filed under Section 482 of Code of Criminal Procedure to quash the proceedings contending that the husband and wife were already settled their disputes and in such circumstances, there is no necessity to face the ordeal of a trial. Reliance was placed on the decision of the Apex Court in B.S.Joshi and others v. State of Haryana and another (2003(4) CRMC 1312/09 2 SCC 675). 2. Along with the petition Annexure-III compromise petition was also filed signed by petitioners and second respondent stating that the dispute was settled and she has no grievance against petitioners at present and she is not intending to proceed with the case. An affidavit was also filed by second respondent to the effect that she has no objection for quashing the proceedings as she has already settled the dispute and they are now living together. 3. Offence alleged against petitioners arose out of matrimonial dispute between husband/first petitioner and wife/second respondent. When that dispute was subsequently resolved and the husband and wife are living together and seek for quashing the proceedings to continue their peaceful matrimonial life, technicalities shall not stand in the way as held by the Apex court in Joshi's case (supra). In the interest of justice petition is allowed. C.P.4/2009 on the file of Judicial First Class Magistrate-II, Perinthalmanna is quashed. M.SASIDHARAN NAMBIAR, JUDGE. CRMC 1312/09 3 uj.