IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 8TH DECEMBER 2010 / 17TH AGRAHAYANA 1932 Crl.MC.No. 4812 of 2010() ------------------------------------ CRIME NO.356/2010 OF THALASSERY POLICE STATION, KANNUR. ...................... PETITIONERS/DEFACTO COMPLAINANT/ACCUSED NOS.1 AND 2 ---------------------------------------------------------------------------------------------- 1. NASREEN, D/O.SALITH, AGED 26, NO JOB, BAITHAL RAHATH, WEST PONNIAM.P.O, THALASSERY TALUK, KANNUR. 2. JASLEEM ALABATH MEETHAL, S/O.T.K. KUNHIMOOSA, AGED 31, MINA., P.O. KURICHIYIL, THALASSERY. 3. JAFSEENA, D/O.T.K. KUNHIMOOSA, AGED 30, MINA, P.O.KURICHIYIL, THALASSERY. BY ADV. SRI.K.S.MADHUSOODANAN, SRI.K.VISWAN, SRI.T.V.JAYAKUMAR NAMBOODIRI, SRI.THUSHAR NIRMAL SARATHY, SRI.M.M.VINOD KUMAR, SRI.P.K.RAKESH KUMAR. RESPONDENT/FORMAL PARTY ---------------------------------------------- 1. STATE OF KERALA TO BE REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. STATION HOUSE OFFICER, THALASSERY POLICE STATION, THALASSERY. R1 & R2 BY PUBLIC PROSECUTOR MR.I.V. PRAMOD. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 08/12/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs M.SASIDHARAN NAMBIAR,J. --------------------------------------------- CRL.M.C.NO.4812 OF 2010 --------------------------------------------- Dated 8th December, 2010 O R D E R First petitioner is the wife and the de facto complainant and second petitioner is her husband and third petitioner is the sister of second petitioner who are the accused, in Crime No.356/2010 of Thalassery Police Station registered for the offence under Section 498 A of Indian Penal Code, based on a complaint filed before Judicial First Class Magistrate's Court, Thalassery by the first petitioner and sent for investigation under Section 156(3) of Code of Criminal Procedure. De facto complainant along with the accused jointly filed this petition under Section 482 of Code of Criminal Procedure to quash the proceedings contending that by Annexure-II agreement Crmc 4812/10 2 entire matrimonial disputes were settled amicably and consequent to the settlement, it is not in the interest of justice to continue the prosecution. 2. Learned counsel appearing for the petitioners and learned Public Prosecutor were heard. 3. As held by the Apex Court in B.S.Joshi and others v. State of Haryana and another (2003(4) SCC 675), when matrimonial disputes are settled amicably, it is not in the interest of justice to stand on technicalities and continue the prosecution. The FIR itself was registered based on a complaint filed by the first petitioner and sent for investigation under Section 156(3) of Code of Criminal Procedure. First petitioner along with the accused filed this petition stating that they Crmc 4812/10 3 have amicably settled all the matrimonial disputes and therefore, sought quashing of the case. In such circumstances, it is not in the interest of justice to continue the prosecution. Petition is allowed. Crime No.356/2010 of of Thalassery Police Station registered under Annexure-I FIR is quashed. M.SASIDHARAN NAMBIAR, JUDGE. uj.