IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 10TH MARCH 2010 / 19TH PHALGUNA 1931 Crl.MC.No. 829 of 2010() ------------------------ CC.1974/2008 of JUDL.MAGISTRATE OF FIRST CLASS-II, KOLLAM .................... PETITIONERS: --------------- 1. SHAMLA BEEVI 28 YEARS OLD, D/O.NOORJAHAN, VETTOLI VILA VEEDU, KANNANALLOOR, KOLLAM. (DE-FACTO COMPLAINANT) 2. NOWSHAD SAINUDEENKUNJU AGED 36 YEARS, S/O.SAINJDEENKUNJU,T.T.HOUSE,KATTAZHIKATHU VEEDU), KUNNICODE, KOLLAM. (SOLE ACCUSED) BY ADV. SRI.V.JAYAPRADEEP RESPONDENT: --------------- STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE, KOTTIYAM, THROUGH THE GOVERNMENT PLEADER, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR SRI. K.S.SIVAKUMAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 10/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.SASIDHARAN NAMBIAR, J. --------------------------- CRL.M.C. No. 829 OF 2010 -------------------------- Dated this the 10th day of March, 2010 O R D E R The second petitioner was the first accused in C.C. No.756/2006 on the file of the Judicial First Class Magistrate-II, Kollam and the first petitioner is the de facto complainant therein. The learned Magistrate has taken cognizance for the offence under Section 498 A read with Section 34 of Indian penal Code against six accused including the petitioner. As the petitioner was absconding, case against him was refiled as C.C. No.1974/2008 and the other five accused were tried. By Annexure-A3 judgment, those accused were acquitted, finding that evidence of the first petitioner wife and other two witnesses establish that entire disputes were settled. This petition is filed jointly by the husband and wife to quash the proceedings contending that the entire disputes were settled. Annexure-A4 affidavit was separately filed by the first petitioner stating that the entire matter has been settled and consequent to the settlement, she has no grievance against the second petitioner and therefore the case is to be quashed. 2. Learned counsel appearing for the petitioners and Crl. M.C. No.829/2010 2 learned Public Prosecutor were heard. 3. Annexure-A3 judgment where under the remaining five accused were acquitted, establish that even when those accused were tried, consequent to settlement the defacto complainant did not support the prosecution case. The joint petition filed by the husband and wife establishes that the matrimonial disputes were already settled. 4. As held by the Apex Court in B.S.Joshi and others v. State of Haryana and another (2003 (4) SCC 675), when the matrimonial disputes were settled amicably, it is not in the interest of justice to stand on technicalities and to continue the prosecution Petition is allowed. C.C. No.1974/2008 on the file of Judicial First Class Magistrate-II, Kollam is quashed. M.SASIDHARAN NAMBIAR (JUDGE) vps Crl. M.C. No.829/2010 3