IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 8TH JUNE 2009 / 18TH JYAISHTA 1931 Crl.MC.No. 1753 of 2009() -------------------------------------- (CRIME NO.272/08 OF KATTOOR POLICE STATION) PETITIONER(S): ACCUSED: ------------------------------------------ 1. MOHAMED HANEEFA, AGED 38 YEARS, S/O.MOHAMED UNNY HAJI, MATHILAKATH VEETTIL HOUSE, ERIYAD P.O., ERIYAD VILLAGE, KODUNGALLUR TALUK, THRISSUR DISTRICT, PRESENTLY RESIDING AT P.B.NO.354, DAMAM 31411, SAUDI ARABIA. 2. NAFEESA, W/O.MOHAMED UNNY HAJI, MATHILAKATH VEETTIL HOUSE, ERIYAD P.O., ERIYAD VILLAGE, KODUNGALLUR TALUK, THRISSUR DISTRICT. 3. JAMEELA, W/O.ABDUL RAHIMAN, PUTHIYAVEETTIL HOUSE, KODUNGALLUR P.O., KODUNGALLUR TALUK, THRISSUR DISTRICT. BY ADVS. MR.BABU KARUKAPADATH, MR.K.A.NOUSHAD, MR.P.G.PRAMOD. RESPONDENT(S): STATE & COMPLAINANT: ----------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. 2. RIMA MOHAMED HANEEFA, AGED 29 YEARS, W/O.MOHAMED HANEEFA, MATHILAKATH VEETTIL HOUSE, ERIYAD P.O., ERIYAD VILLAGE, KODUNGALLUR TALUK, THRISSUR DISTRICT. PRESENTLY RESIDING AT P.B.NO.354, DAMAM 31411, SAUDI ARABIA. 3. RABIA, W/O.MOHAMED HAMZA, PALAKKAL HOUSE, P.O.KATTOOR, KATTOOR VILLAGE, MUKUNDAPURAM TALUK, THRISSUR DISTRICT-680 702. R1 BY PUBLIC PROSECUTOR MR. AMJAD ALI R2 & R3 BY ADV. MR.M.SHAJU PURUSHOTHAMAN THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 08/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss ORDER ON CRL.M.A.NO.2915/2009 IN CRMC.NO.1753/2009 DISMISSED 08/06/2009 SD/- M.SASIDHARAN NAMBIAR, JUDGE /TRUE COPY/ P.S.TO JUDGE Kss M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No.1753 OF 2009 =========================== Dated this the 8th day of June,2009 ORDER Petitioners are the accused in Crime 272/2008 of Kattoor Police Station. The offences alleged are under section 498A and 323 read with section 34 of Indian Penal Code. First petitioner and second respondent are husband and wife. Police registered the case based on the First Information Statement recorded from the second respondent. Petitioners 2 and 3 are the in- laws. This petition is filed under section 482 of the Code of Criminal Procedure to quash Annexure 1 F.I.R and all other proceedings taken in continuation of the F.I.R contending that the dispute between second respondent and the petitioners were subsequently resolved and they are now living together and it is not necessary to continue with the criminal case. Reliance was placed on the decision of the Apex Court in B.S.Joshi v. State of Haryana (AIR 2003 SC 1386). Along with the petition Annexure 3 joint petition is filed under section 320 of Code of Criminal Procedure for permission to compound the offence contending that 2 the first petitioner and second respondent are living together in Damam and there is no necessity to continue the case. Second respondent is represented by a counsel. 2. Learned counsel appearing for petitioners the second respondent as well as Public Prosecutor were heard. 3. The offences alleged against the petitioners is a result of a matrimonial dispute which arose in the matrimonial life of the first petitioner and second respondent. It is now submitted that the entire dispute between the petitioners and second respondent were resolved and respondents do not intend to prosecute the petitioners further. In view of the settlement of the matrimonial dispute and considering the fact that the wife and the husband are now living together and to preserve the matrimonial peace and cordiality it is not in the interest of justice to continue the prosecution. As held by the Apex Court in B.S. Joshi's case (supra) technicalities shall not stand in the way of an amicable settlement of the matrimonial dispute. In such circumstance, petition is allowed. Annexure-I FIR and all other proceedings initiated thereunder are quashed. M.SASIDHARAN NAMBIAR JUDGE tpl/- 3 M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006