IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 17TH JULY 2009 / 26TH ASHADHA 1931 Crl.MC.No. 1893 of 2009() --------------------------------------- (CRIME NO.339/2008 OF THRIKKAKARA POLICE STATION) PETITIONER(S): ACCUSED: ----------------------------------------- 1. NASAR, S/O.MUHAMMED, AGED 30, CHANDRATHIL HOUSE, MUNDAKKALMUGAL, VADAKODE KARA, THRIKKAKARA NORTH VILLAGE, ERNAKULAM. 2. MUHAMMED, S/O.KUTTY, AGED 65, CHANDRATHIL HOUSE, MUNDAKKALMUGAL, VADAKODE KARA, THRIKKAKARA NORTH VILLAGE, ERNAKULAM. 3. NABEESA, W/O.MUHAMMED, AGED 60, CHANDRATHIL HOUSE, MUNDAKKALMUGAL, VADAKODE KARA, THRIKKAKARA NORTH VILLAGE, ERNAKULAM. BY ADVS. MR.R.MURALEEKRISHNAN, MR.P.M.MUJEEB REHIMAN. RESPONDENT(S): --------------------------- 1. UBAIDA BEEVI, D/O.ABDUL SHUKKOOR, AGED 26, KANJIRATHINKAL HOUSE, THAIKKATTUKARA, ALUVA WEST VILLAGE, ERNAKULAM. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 BY ADV. MR.K.N.ANIL KUMAR R2 BY PUBLIC PROSECUTOR MR. AMJAD ALI THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 17/07/2009,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.1893 of 2009 -------------------------- ORDER Petitioners are the accused in Crime No. 339/2008 of Thrikkakara Police Station. Based on F.I. Statement of first respondent/wife against first petitioner/husband and petitioners 2 and 3, the parents of first petitioner, Annexure-A1 FIR was registered for the offence under Section 498A read with Second 34 of Indian Penal Code. This petition is filed under Section 482 of Code of Criminal Procedure to quash Annexure-A1 FIR and further proceedings contending that the disputes between the petitioners and first respondent were amicably settled and a compromise petition was jointly filed by the petitioners and first respondent stating that all the disputes between them were amicably settled and first respondent had undertaken to withdraw the complaint and also to co-operate with the petitioners to get the FIR CRMC 1893/09 2 quashed or cancelled. 2. Learned counsel appearing for the petitioners and first respondent and learned Public Prosecutor were heard. 3. The compromise petition filed by the first respondent along with the petitioners establishes that all the disputes between the first respondent/ wife and first petitioner/husband were amicably settled out of court. The offence being a matrimonial offence, when it is settled between the husband and in-laws and the wife, it is not, in the interest of justice, to proceed with the case further. In such circumstances, petition is allowed. Crime No.339/2008 of Thrikkakara Police Station as against the petitioners is quashed. 17th July, 2009 (M.Sasidharan Nambiar, Judge) tkv