IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 11TH OCTOBER 2010 / 19TH ASWINA 1932 Crl.MC.No. 4127 of 2010() --------------------- CRIME NO. 1757/2010 OF PANANGAD POLICE STATION, ERNAKULAM ......................................... PETITIONERS / ACCUSED NO.1-5: ----------------------------------------------- 1. MURALI.N.V., S/O.LATE VELAYUDHAN. NELLIKKAL PARAMBU, AYINI ROAD, MARADU P.O., THRIPUNITHURA. 2. VILASNINI, W/O.LATE VELAYUDHAN, NELLIKKAL PARAMBIL, AYINI ROAD, MARADU P.O., THRIPUNITHURA. 3. BALAKRISHNAN.N.V., S/O.LATE VELAYUDHAN, NELLIKKAL PARAMBIL, AYINI ROAD, MARADU P.O., THRIPUNITHURA. 4. LATHA, W/O.BALAKRISHNAN, NELLIKKAL PARAMBIL, AYINI ROAD, MARADU P.O., THRIPUNITHURA. 5. VIMALA, W/O.RAJESH, PARAPPILLY HOUSE, KRISHNA SWAMY ROAD, PULLEPPADY, ERNAKULAM. BY ADV. SRI. O.D. SIVADAS RESPONDENTS / COMPLAINANT, STATE & DEFACTO COMPLAINANT: -------------------------------------------------------------------------------------------------- 1. THE SUB INSPECTOR OF POLICE, PANANGAD POLICE STATION, ERNAKULAM DISTRICT. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. ...2/- Crl.MC.No. 4127 of 2010() -2- 3. AHSA GOPAL, D/O.GOPALAN, AGED 30 YEARS, KAVIL MADOM, KALABHAVAN ROAD, ERNAKULAM NORTH, ERNAKULAM DISTRICT , PIN – 682 018. R1 & R2 BY PUBLIC PROSECUTOR SRI. P.A. SALIM R3 BY ADV. SRI.K.S.ARUNKUMAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 11/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn M.SASIDHARAN NAMBIAR, J. ------------------------- Crl.M.C No.4127 of 2010 -------------------------- Dated this the 11th October, 2010 O R D E R Petitioners are the accused and 3rd respondent the de facto complainant in Crime No.1757 of 2010 of Panangad Police Station registered under Annexure A1 F.I.R, based on the First Information Statement of 3rd respondent, for the offence under Section 498 (A) r/w 34 I.P.C. Petition is filed under Section 482 of Cr.P.C to quash the F.I.R and further proceedings stating that the entire matrimonial disputes were settled amicably and consequent to the settlement, it is not in the interest of justice to continue the prosecution. 2. Third respondent appeared through a counsel and filed an affidavit stating that entire disputes were settled amicably and consequent to the settlement 3rd respondent has no grievance against the petitioners and therefore she has no objection for quashing the proceedings. 3. Learned counsel appearing for the petitioners, 3rd respondent and learned Public Prosecutor were heard. Crl.M.C No.4127 of 2010 2 4. First petitioner and 3rd respondent are husband and wife. Petitioners 2 to 5 are the relatives of the 1st petitioner. Prosecution case is that petitioners committed offence under Section 498(A) r/w 34 I.P.C. The affidavit filed by the 3rd respondent establishes that she has settled all the matrimonial disputes amicably on the intervention of mediators and she has no subsisting grievance against the petitioners. As held by the Apex Court in B.S Joshi and others Vs. State of Haryana and another (2003 (4) SCC 675) when matrimonial disputes are settled amicably it is not in the interest of justice to continue with the prosecution standing on technicalities. Hence it is not in the interest of justice to continue with the prosecution. Petition is allowed. Crime No.1757/2010 of Panangadu Police Station is quashed. M.SASIDHARAN NAMBIAR JUDGE ma