IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 4TH NOVEMBER 2010 / 13TH KARTHIKA 1932 Crl.MC.No. 4434 of 2010() ----------------------- CRIME NO. 973/2010 OF MOOVATTUPUZHA POLICE STATION, ERNAKULAM ....................................................... PETITIONERS / ACCUSED 1 TO 4 : ---------------------------------------------- 1. NAZEER A. RAWTHER, AGED 31 YEARS, S/O.A.SALIM RAWTHER, MAR MANZIL MANGARAM, PANDALAM. 2. A.SALIM RAWTHER, MAR MANZIL MANGARAM, PANDALAM, PATHANAMTHITTA. 3. REJULA SALIM, W/O.SALIM RAWTHER, MAR MANZIL MANGARAM, PANDALAM, PATHANAMTHITTA. 4. NADEERA, D/O.SALIM RAWTHER, MAR MANZIL MANGARAM, PANDALAM, PATHANAMTHITTA. BY ADVS. SRI. K.SHAJ SRI.SAJJU.S RESPONDENTS / STATE AND DEFACTO COMPLAINANT : ------------------------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SHEERA SHAMSU, D/O.SHAMSUDEEN, SAREENA MANZIL, S VALAVU, PEZHAKKAPPILLY P.O., MOOVATTUPUZHA. R1 BY PUBLIC PROSECUTOR SRI. I.V. PRAMOD R2 BY ADV. SRI.P.M.ZIRAJ THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 04/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No. 4434 OF 2010 =========================== Dated this the 4th day of November,2010 ORDER Petitioners are the accused and second respondent the de facto complainant in Crime 973/2010 of Moovattupuzha Police Station registered for the offences under section 498A and 420 read with section 34 of Indian Penal Code under Annexure A1 F.I.R, based on the complaint filed by second respondent before Inspector General of Police, Ernakulam and forwarded to the Sub Inspector of Police through Circle Inspector of Police. This petition is filed under section 482 of Code of Criminal Procedure to quash the proceedings contending that entire matrimonial disputes were settled amicably. 2. Second respondent appeared through a counsel and filed an affidavit stating that Crl.M.C.4434/2010 2 subsequent to the registration of the case entire matrimonial disputes were settled amicably and consequent to the settlement, she has no subsisting grievance against the petitioners and therefore she has no objection for quashing the proceedings. 3. Learned counsel appearing for petitioners, second respondent and learned Public Prosecutor were heard. 4.First petitioner and second respondent are the husband and wife. Crime was registered on Annexure A1 F.I.R, based on a complaint filed by the second respondent. An offence under section 420 IPC is compoundable. 5. The affidavit filed by the second respondent establish that entire matrimonial disputes with the petitioners were settled amicably. As held by the Apex Court in B.S. Joshi v. State of Haryana (2003 (4) SCC 675, when matrimonial disputes are settled amicably between the husband and wife, it is not in the interest of justice to continue the prosecution standing on technicalities. Crl.M.C.4434/2010 3 Petition is allowed. Crime No.973/2010 registered under Annexure A1 of Muvattupuzha Police Station is quashed. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006