IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 22ND FEBRUARY 2010 / 3RD PHALGUNA 1931 Crl.MC.No. 622 of 2010() ----------------------------------- CC.412/2009 of CHIEF JUDICIAL MAGISTRATE COURT, KASARAGOD .................... PETITIONERS/ACCUSED NOS.1 TO 3 ----------------------------------------------------- 1. P.M. NOORUDHEEN, AGED 32 YEARS, S/O.MAMMUNHI, CHARLADKA, NEKRAJE VILLAGE & POST, KASARAGOD DISTRICT. 2. SAHIRA, AGED 28 YEARS, D/O.MAMMUNHI, CHARLADKA, NEKRAJE VILLAGE & POST, KASARAGOD DISTRICT. 3. SIDDIQUE, AGED 29 YEARS, S/O.MAMMUNHI, CHARLADKA, NEKRAJE VILLAGE & POST, KASARAGOD DISTRICT. BY ADV. MR.K.P.HARISH RESPONDENTS/DEFACTO COMPLAINANT AND STATE -------------------------------------------------------------------------------- 1. RAMSEENA, AGED 20 YEARS, D/O.MOIDEEN KUTTY, RAHMATH MANZIL, PERIADKAM, SHIRIBAGILU, KASARAGOD DISTRICT. 2. STATE, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R2 BY PUBLIC PROSECUTOR MR.S.U. NAZAR. R1 BY ADV. MR.VARGHESE CHARIAN. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 22/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. M.SASIDHARAN NAMBIAR,J. ------------------------------------------ CRL.M.C.NO.622 OF 2010 ------------------------------------------ Dated 22nd February 2010 O R D E R Petitioners are the accused and first respondent the de facto complainant in C.C.412/2009 on the file of Chief Judicial Magistrate, Kasaragod, taken cognizance for the offences under Sections 498 A, 323, 406 and 506(i) read with Section 34 of Indian Penal Code. First respondent is the wife and first petitioner, the husband. Petition is filed under Section 482 of Code of Criminal Procedure to quash the proceedings contending that subsequently there was a settlement of all the matrimonial disputes, evidenced by Annexure-AIV and in view of the settlement, it is not in the interest Crmc 622/10 2 of justice to continue the prosecution. 2. First respondent appeared through a counsel and filed a joint petition along with the petitioners stating that entire matrimonial disputes were settled and in view of the settlement first respondent has no objection for quashing the proceedings and it is not in the interest of justice to continue the prosecution. 2. Learned counsel appearing for the petitioners, first respondent and learned Public Prosecutor were heard. 3. Petitioners are accused of committing matrimonial offences. The joint statement filed by the petitioners along with the first respondent establishes that there has been complete settlement of all the matrimonial disputes. As held by the Crmc 622/10 3 Apex court in B.S.Joshi and others v. State of Haryana and another (2003(4) SCC 675), when the matrimonial disputes are settled, it is not in the interest of justice to stand on technicalities and to proceed with the case as ultimately consequent to the settlement there cannot be a successful prosecution. Petition is allowed. C.C.412/2009 on the file of Chief Judicial Magistrate, Kasaragod is quashed. M.SASIDHARAN NAMBIAR, JUDGE. uj.