IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 13TH NOVEMBER 2009 / 22ND KARTHIKA 1931 Crl.MC.No. 3675 of 2009() ------------------------- CC.118/2009 of CHIEF JUDICIAL MAGISTRATE COURT, KASARAGOD CRIME NO.215/2008 OF MANJESWAR POLICE STATION. .................... PETITIONERS/ACCUSED 1 TO 4 --------------------------------------------- 1. NASSIR HUSSAIN, AGED 33 YEARS, S/O.M.ABDULLA, KODUPULU HOUSE, NAYA BAZAR, UPPALA P.O., UPPALA, KASARAGOD TALUK AND DISTRICT. 2. M.ABDULLA, AGED 56 YEARS, KODUPULU HOUSE, NAYA BAZAR, UPPALA P.O., UPPALA, KASARAGOD TALUK AND DISTRICT. 3. MARIYAMMA, AGED 49 YEARS, W/O.M.ABDULLA, KODUPULU HOUSE, NAYA BAZAR, UPPALA P.O., UPPALA, KASARAGOD TALUK AND DISTRICT. 4. MUMTHAZ BANU, AGED 35 YEARS, D/O.M.ABDULLA, KODUPULU HOUSE, NAYA BAZAR, UPPALA P.O., UPPALA, KASARAGOD TALUK AND DISTRICT. BY ADV. MR.S.JIJI RESPONDENTS/ STATE AND DEFACTO COMPLAINANT ------------------------------------------------------------------------------ 1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. ANEESA, AGED 25 YEARS, D/O.KOYA HASSAN, PATAL HOUSE, NEAR RAILWAY STATION, UPPALA, UPPALA VILLAGE, KASARAGOD TALUK AND DISTRICT, ULICKAL VILLAGE, KANNUR DISTRICT. R1 BY PUBLIC PROSECUTOR MR.K.J. MUHAMMED ANSAR. R2 BY ADV. SMT.C.G.PREETHA. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 13/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No. 3675 OF 2009 =========================== Dated this the 13th day of November,2009 ORDER Petitioners are the accused and second respondent the de facto complainant in C.C.118/2009 on the file of Chief Judicial Magistrate, Kasaragod taken cognizance for the offence under section 498A,323,294(b) and 506 (i) read with section 34 of Indian Penal Code. First petitioner is the husband and second respondent the wife. The offences alleged against the petitioners are matrimonial and connected offences, as is clear from Annexure A3 final report. The crime was registered on Annexure A1 F.I.R, based on Annexure A2 complaint filed by the second respondent and sent for investigation by Chief Judicial Magistrate, Kasaragod. This petition is filed under section 482 of Code of Criminal Procedure Crl.M.C.3675/2009 2 to quash the proceedings contending that the entire matrimonial disputes were settled and second respondent is now living along with the petitioners and in such circumstance, it is not in the interest of justice to continue the prosecution. 2. Second respondent appeared through a counsel and jointly filed Crl.M.Appl.6291/2009 stating that as the entire matrimonial disputes were settled and second respondent is living along with the petitioners and the relationship of the first petitioner with the second respondent is cordial, the case is to be quashed as otherwise much hardship will be caused to both parties. 3. Learned counsel appearing for the petitioners, second respondent and learned Public Prosecutor were heard. 4. The very case was registered based on a complaint filed by the second respondent, the wife. The affidavit filed by the second respondent establish that entire matrimonial disputes were Crl.M.C.3675/2009 3 settled and she is now living with the petitioners. It is in such circumstance, the petition is filed to quash the proceedings as continuation of the proceedings, would cause difficulty and hardship to the cordial matrimonial life. As held by the Apex court in B.S.Joshi v. State of Haryana (2003(4)SCC 675) when the matrimonial disputes were settled between the parties it is not in the interest of justice to continue the prosecution. Petition is allowed. C.C.118/2009 on the file of the Chief Judicial Magistrate's Court, Kasaragod is quashed. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006