IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 18TH NOVEMBER 2010 / 27TH KARTHIKA 1932 Crl.MC.No. 4553 of 2010() ------------------------- (CC.1349/2007 of JUDL.MAGISTRATE OF FIRST CLASS COURT, TIRUR CRIME NO.422 OF 2007 OF KALPAKANCHERRY POLICE STATION) .................... PETITIONER/ACCUSED: ------------------------------------ 1. ABDUL RAZAK, S/O.SAIDALAVI HAJI, VADAKKAN AREEKADAN HOUSE, RANDATHANI POST, THOZHANNUR, VARIYATH, MALAPPURAM DISTRICT. 2. MOIDEEN HAJI, S/O.SAIDALAVI HAJI, DO. DO. BY ADVS. SRI.K.P.SUDHEER SRI.SANTHEEP ANKARATH RESPONDENTS: -------------------------- 1. THE STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING SUB INSPECTOR OF POLICE, KALPAKANCHERRY POLICE STATION, KALPAKANCHERRY-676 551, MALAPPURAM DISTRICT. 2. SUHARABI.P.M., D/O.MOHAMMEDKUTTY, POOVAN MADATHIL HOUSE, RANDATHANI P.O.-676 510, THOZHANNUR, VARIYATH, MALAPPURAM DISTRICT. R1 BY PUBLIC PROSECUTOR, SRI.M.R.VENUGOPAL R2 BY ADV. SRI.SANTHEEP ANKARATH THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: VK M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No. 4553 OF 2010 =========================== Dated this the 18th day of November,2010 ORDER Petitioners are the accused and second respondent the de facto complainant in C.C.1349/2007 on the file of Judicial First Class Magistrate Court, Tirur taken cognizance for the offences under sections 406 and 498A read with section 34 of Indian Penal Code on Annexure A3 final report submitted by Sub Inspector of Police, Kalpakancherry in Crime 422/2007 of Kalpakancherry Police Station. That crime was registered under Annexure A1 F.I.R, based on Annexure A2 complaint filed by the second respondent before Judicial First Class Magistrate, Tirur and sent for investigation under section 156(3) of Code of Criminal Procedure. Petition is filed under section 482 of Code of Criminal Procedure to Crl.M.C.4553/2010 2 quash the proceedings contending that as evidenced by Annexure A4 agreement, entire matrimonial disputes were settled amicably and consequent to the settlement, it is not in the interest of justice to continue the prosecution. 2. Learned counsel appearing for the petitioners second respondent and learned Public prosecutor were heard. 3. Annexure A4 agreement with the affidavit filed by the second respondent establishes that entire matrimonial disputes were settled amicably. As held by the Apex Court in B.S. Joshi and others v. State of Haryana and another (2003) 4 SCC 675) when matrimonial offences are settled amicably, it is not in the interest of justice to continue the prosecution as it will cause hurdles in the cordial relationship. In such circumstances, it is not in the interest of justice to continue the prosecution. Petition is allowed. C.C.1349/2007 on the file Crl.M.C.4553/2010 3 of Judicial First Class Magistrate Court, Tirur is quashed. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006