IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 4TH MARCH 2010 / 13TH PHALGUNA 1931 Crl.MC.No. 592 of 2010 -------------------------------- [CC.NO.152/2009 OF JUDL.MAGISTRATE OF FIRST CLASS COURT, THIRUVALLA, CRIME NO.238/08 OF KEEZHVAIPUR POLICE STATION] .................... PETITIONERS/ACCUSED 1 – 3: -------------------------------------------- 1. V.A.SUBAIR, AGED 40 YEARS, S/O.ABDUL RAZAK, VAZHAKKALAYIL HOUSE, PUNNAVELI P.O., ANIKADU VILLAGE, MALLAPPALLY TALUK. 2. ABDUL RAZAK, AGED 78 YEARS, VAZHAKKALAYIL HOUSE, PUNNAVELI P.O., ANIKADU VILLAGE, MALLAPPALLY TALUK. 3. KHADEEJA BEEVI, AGED 68 YEARS, W/O.ABDUL RAZAK, VAZHAKKALAYIL HOUSE, PUNNAVELI P.O., ANIKADU VILLAGE, MALLAPPALLY TALUK. BY ADV. MR.T.MADHU. RESPONDENTS/STATE & DEFACTO COMPLAINANT: ---------------------------------------------------------------------------- 1. THE STATION HOUSE OFFICER, KEEZHVAIPUR POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. JASMIN, AGED 33 YEARS, D/O.ABDUL AZEEZ, RESIDING AT MELEKOOTTU HOUSE, VAIPOOR P.O., KOTTANGAL VILLAGE, MALLAPPALLY TALUK. R1 BY PUBLIC PROSECUTOR MR. I.B. PRAMOD, R2 BY ADVS. MR.SATHISH NINAN, MR.SANTHOSH MATHEW. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 04/03/2010,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No. 592 OF 2010 =========================== Dated this the 4th day of March,2010 ORDER Petitioners are the accused the second respondent the de facto complainant in C.C.152/2009 on the file of Judicial First Class Magistrate's Court, Thiruvalla taken cognizance for the offence under sections 498A, 323 read with section 34 of Indian Penal Code. Second respondent is the wife of the first petitioner. Petitioners 2 and 3 are the parents of the first petitioner. This petition is filed under section 482 of the Code of Criminal Procedure to quash the proceedings contending that matrimonial disputes were already settled in Mat Appeal No.530/2009 before this court and consequent to the settlement, it is not in the interest of justice to continue the prosecution. Annexure Crl.M.C.No.592/2010 2 II joint statement filed by the first petitioner and second respondent in Mat Appeal 530/2009 is also produced to prove that there has been an amicable settlement of the matrimonial disputes. 2. Second respondent appeared through a counsel and filed an affidavit stating that the entire matrimonial disputes were settled amicably and in view of the settlement,she has no objection for quashing the proceedings and it is not in the interest of justice to continue the prosecution. 3. Learned counsel appearing for the petitioners and learned Public Prosecutor were heard. 4. Learned Public Prosecutor also submitted that the statement of the second respondent recorded subsequently shows that there was an amicable settlement between the parties. 5. Annexure A2 compromise petition filed by the first petitioner and the second respondent before this court in Mat Appeal No.530/2009 Crl.M.C.No.592/2010 3 establishes that there was settlement of all the matrimonial disputes. The affidavit filed by the second respondent also establishes that matrimonial disputes were amicably settled and she has no subsisting grievance against the petitioners. In such circumstances as held by the Apex Court in B.S.Joshi v. State of Haryana (2003) 4 SCC 675) it is not in the interest of justice to stand on technicalities and continue the prosecution. Petition is allowed. C.C.152/2009 on the file of Judicial First Class Magistrate's Court, Thiruvalla is quashed. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006