IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 19TH MARCH 2010 / 28TH PHALGUNA 1931 Crl.MC.No. 960 of 2010() ------------------------ C.C .NO.1094/2002 NOW PENDING AS LP.NO.35/2008 OF JUDL.MAGISTRATE OF FIRST CLASS COURT, TIRUR. .................... PETITIONER/ACCUSED: ---------------------------------- MUHAMMED SHERIF,S/O.SAITHALIKUTTY, ULLATTIL HOUSE,PURATHUR AMSOM,PURATHUR DESOM, TIRUR TALUK,MALAPPURAM. BY ADVS. MR.SIBY MATHEW, MR.PHILIP J.VETTICKATTU. RESPONDENTS/COMPLAINANT AND STATE: ---------------------------------------------------------------- 1. RAHMATH,D/O.KUNJIBAVA,POOZHITHARA, EDAKKANAD,MATTANNOOR,TIRUR,MALAPPURAM. 2. STATE OF KERALA,REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA. R1 BY ADV. SRI.V.K.SUNIL, R2 BY PUBLIC PROSECUTOR MR. S.U. NAZAR. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 19/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No. 960 OF 2010 =========================== Dated this the 19th day of March,2010 ORDER Petitioner is the accused and first respondent his wife, the de facto complainant, in C.C.1094/2002 on the file of Judicial First Class Magistrate's Court, Tirur now pending as L.P.35/2008, taken cognizance for the offences under sections 406, 420 and 498A read with section 34 of Indian Penal Code on Annexure A final report. This petition is filed under section 482 of the Code of Criminal Procedure to quash the proceedings contending that the entire matrimonial disputes were settled amicably and consequent to the settlement, first respondent has no grievance against the petitioner and therefore the case is to be quashed. 2. First respondent appeared through a Crl.M.C.960/2010 2 counsel and filed an affidavit stating that entire matrimonial disputes were settled amicably and consequent to the settlement, she has no grievance against the petitioner and therefore the case is to be quashed. 3. Learned counsel appearing for the petitioner, first respondent and learned Public Prosecutor were heard. 4. When 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) it is not in the interest of justice to continue the prosecution. The affidavit filed by the first respondent wife establishes that subsequently due to the intervention of mediators entire matrimonial disputes were settled amicably between the husband and wife and consequent to the settlement, she has no grievance against the petitioner and has no objection for quashing the proceedings. In such circumstances, it is not in Crl.M.C.960/2010 3 the interest of justice to stand on technicalities and continue the prosecution. Petition is allowed. C.C.1094/2002 now pending as L.P.35/2008 on the file of Judicial First Class Magistrate's Court, Tirur is quashed. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006