IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 17TH DECEMBER 2010 / 26TH AGRAHAYANA 1932 Crl.MC.No. 4933 of 2010() ----------------------------------- ( CRIME NO. 902/2010 OFKOTTIYAM POLICE STATION IN KOLLAM DISTRICT) ----------------------- PETITIONER(S): ACCUSED -------------------------------------- 1. SUJITHKUMAR.M.S,S/O.T.K.SASI, POURAMI 111/231D,CHEMBUMUKKU,KAKKANAD WEST POST, ERNAKULAM,COCHIN-30. 2. T.K.SASI, S/O.KRISHEN, POURAMI 111/231D,CHEMBUMUKKU,KAKKANAD WEST POST, ERNAKULAM,COCHIN-30. BY ADV. SRI.V.V.SURESH RESPONDENT(S): COMPLAINANT ------------------------------------------------- 1. STATE OF KERALA REP.BY THE SUB INSPECTOR OF POLICE, KOTTIYAM POLICE STATION, KOLLAM DIST.THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. 2. SHEEBA.G.R, D/O.GOPALAN NAIR,KINARUVILLA PUTHENVEEDU,KANNANELLORE PO,KOLLAM 691 576. R1 BY PUBLIC PROSECUTOR SRI. P.A.SALIM R2 BY ADV. SMT. T.S.MAYA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 17/12/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No. 4933 OF 2010 =========================== Dated this the 17th day of December,2010 ORDER Petitioners are the accused and second respondent the de facto complainant in Crime 902/2010 of Kottiyam Police Station registered for the offences under sections 417, 420 and 498A read with section 34 of Indian Penal Code on Annexure A1 F.I.R. First petitioner is the husband and second respondent the wife. Petition is filed under section 482 of Code of Criminal Procedure to quash the F.I.R and further proceedings contending that entire disputes were settled in a mediation and under Annexure A2 mediation settlement agreement executed before this court, it was agreed to settle crime 902/2010 also and in view of the settlement, it is not in the interest of justice to continue the prosecution. Crl.M.C.4933/2010 2 2. Second respondent appeared through a counsel and filed an affidavit stating that a complaint was filed by her before Kottiyam Police Station due to temperamental differences and implied imputations based on which Crime 902/2010 was registered and now due to the settlement, in the changed circumstances she is ready to withdraw all the allegations against the petitioners and she is not interested to proceed with the case further. 3. Learned counsel appearing for the petitioners, second respondent and learned Public Prosecutor were heard. 4. 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 stand on technicalities and continue the prosecution. Annexure A2 mediation agreement with the affidavit filed by the second respondent establishes that entire matrimonial disputes were settled amicably. In such circumstances, it is not in the interest of Crl.M.C.4933/2010 3 justice to continue the prosecution. Petition is allowed. Crime No.902/2010 of Kottiyam Police Station registered under Annexure A1 F.I.R is quashed. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006