IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 22ND OCTOBER 2010 / 30TH ASWINA 1932 Crl.MC.No. 4295 of 2010() ------------------------------------ CC.390/2010 of JUDL.MAGISTRATE OF FIRST CLASS COURT-I, THAMARASSERY CRIME NO.210/2010 OF KODUVALLY POLICE STATION. .................... PETITIONER/DEFACTO COMPLAINANT ------------------------------------------------------- MYMOONA. P.K., AGED 25 YEARS, D/O. AHAMMED KUTTY, AMBALAKKANDY HOUSE, PADANILAM.P.O., KOZHIKODE. BY ADV. SRI.T.G.RAJENDRAN RESPONDENT/ACCUSED/STATE ---------------------------------------------- 1. ABDUL GAFOOR, AGED 35 YEARS, S/O. IMBICHI MOYI, THEKKIDI CHALIL HOUSE, NELLIAPARAMBATH, PUTHOOR.P.O., KODUVALLY, PIN-673 572. 2. IMBICHIMOYI, AGED 65 YEARS, RESIDING DO-DO- 3. SAINABA, W/O. IMBICHIMOYI RESIDING DO-DO- 4. THAHIRA, D/O. IMBICHIMOYI, RESIDING DO-DO- 5. SHUKOOR, S/O. IMBICHIMOYI, RESIDING DO-DO- 6. BUSHARA, D/O. IMBICHIMOYI, RESIDING DO- 7. STATE, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R7 BY PUBLIC PROSECUTOR MR.P.A. SALIM. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 22/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No. 4295 OF 2010 =========================== Dated this the 22nd day of October,2010 ORDER Petitioner the de facto complainant in C.C.390/2010 of Judicial First Class Magistrate-I, Thamarasserry taken cognizance for the offences under sections 323, 498A, and 406 read with section 34 of Indian Penal Code on Annexure I final report filed this petition under section 482 of Code of Criminal Procedure to quash the proceedings contending that entire matrimonial disputes were subsequently settled and consequent to the settlement, she has no subsisting grievance against respondents 1 to 6 the accused and no effective purpose will be served by a full-fledged trial by proceeding with the case, in view of the voluntary settlement and hence it is to be quashed. 2. Learned counsel appearing for the Crl.M.C.4295/2010 2 petitioner and learned Public Prosecutor were heard. 3. As held by the Apex Court in B.S. Joshi and others v. State of Haryana and another (2003) 4 SCC 675), when matrimonial disputes are settled amicably, it is not in the interest of justice to stand on technicalities and proceed with the case. Petitioner is the de facto complainant wife, who filed a private complaint before Judicial First Class Magistrate, Thamarassery which was sent for investigation under section 156(3) of Code of Criminal Procedure based on which crime 210/2010 was registered which culminated in submitting Annexure I final report and the cognizance taken. When the wife herself stated that she has settled the matrimonial disputes with her husband and her in-laws, it is not in the interest of justice to continue the prosecution. Petition is allowed. C.C.390/2010 on the file Crl.M.C.4295/2010 3 of Judicial First Class Magistrate-I, Thamarassery is quashed. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006