IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 30TH NOVEMBER 2009 / 9TH AGRAHAYANA 1931 Crl.MC.No. 3849 of 2009() ---------------------------------- (CRIME NO.342/2009 OF PANOOR POLICE STATION) PETITIONER(S)/DEFACTO COMPLAINANT/ACCUSED NOS.1 TO 7: ----------------------------------------------------------------------------------------- 1. THANSEELA K.D/O.ALI, AGED 23, KUNIYIL HOUSE, KOKERI P.O., THALASSERY. 2. SADHIK.K.M., AGED 33, S/O.AHAMMED, KUNNUM MEETHEL, VADAKKUMBAD P.O., THALASSERY. 3. NAFEESA, AGED 65, W/O. AHAMMED, KUNNUM MEETHEL, VADAKKUMBAD P.O., THALASSERY. 4. JASEELA, AGED 26, D/O. KUNJAMMAD, KUNNUM MEETHEL, VADAKKUMBAD P.O., THALASSERY. 5. SHAHIDA, AGED 40, D/O. AHAMMED, KUNNUM MEETHEL, VADAKKUMBAD P.O., THALASSERY. 6. RUKKIA, AGED 38, D/O. AHAMMED, KUNNUM MEETHEL, VADAKKUMBAD P.O., THALASSERY. 7. SAMEER, AGED 28, S/O.KUNJAMMED, KUNNUM MEETHEL, VADAKKUMBAD P.O., THALASSERY. 8. O.K. MAHAMOOD, AGED 45, H/O.SHAHIDA, KUNNUM MEETHEL, VADAKKUMBAD P.O., THALASSERY. BY ADV. SRI.K.S.MADHUSOODANAN RESPONDENT(S): ------------------------ 1. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. 2. S.I. OF POLICE, PANOOR POLICE STATION. PUBLIC PROSECUTOR MR. SALIM. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 30/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sou. M.SASIDHARAN NAMBIAR,J. ------------------------------------------ CRL.M.C.NO. 3849 OF 2009 ------------------------------------------ Dated 30th November 2009 O R D E R First petitioner is the wife and second petitioner, her husband. Petitioners 3 to 8 are her in-laws and relatives of the second petitioner. Annexure-I complaint was filed by first petitioner before Additional Chief Judicial Magistrate, Thalassery alleging that petitioners 2 to 8 committed offences under Sections 420 and 498 A read with Section 109 of Indian Penal Code. It was sent for investigation under Section 156(3) of Code of Criminal Procedure based on which, under Annexure-II FIR crime No.342/2009 was registered. Petition is jointly filed by de facto complainant and the accused, under Section 482 of Code of Criminal Procedure, to quash the FIR and further proceedings contending that there has been an amicable settlement of all the matrimonial disputes, evidenced by Annexure-III agreement and in view of the settlement, it is not in the interest of justice to continue the prosecution. 2. Learned counsel appearing for the Crmc 3849/09 2 petitioners and learned Public Prosecutor were heard. 3. Offences alleged against petitioners 2 to 8 are matrimonial and connected offences. Crime was registered based on Annexure-I complaint filed by first petitioner and sent for investigation under Section 156 (3) of Code of Criminal Procedure. Annexure-III agreement shows that there has been amicable settlement of all the disputes between parties. The very fact that de facto complainant and the accused jointly filed this petition to quash the proceedings establish that there has been an amicable settlement of all the disputes. As held by the Apex court in B.S.Joshi and others v. State of Haryana and another (2003(4) SCC 675), when the matrimonial disputes were settled amicably between the parties, it is not for this court to stand on technicalities and continue the prosecution. Interest of justice does not warrant to continue the prosecution, as matrimonial disputes were amicably settled. Petition is allowed. Crime No.342/2009 of Panoor police Station is quashed. M.SASIDHARAN NAMBIAR, JUDGE. uj.