IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 21ST DECEMBER 2010 / 30TH AGRAHAYANA 1932 Crl.MC.No. 5003 of 2010() ------------------------------------ ( CRIME NO. 356/2010 OF KONNY POLICE STATION,PATHANAMTHITTA DISTRICT) --------------------- PETITIONER(S): DEFACTO COMPLAINANT & INJURED ----------------------------------------------------------------------------- 1. JINCY MOL, AGED 25 YEARS, D/O. P.T.YOHANNAN, CHARIVUVILAYIL HOUSE, VELLAPPARA - VATTAKKAVU, PRAMADUM, PATHANAMTHITTA DISTRICT. 2. MERY KUTTY, AGED 39 YEARS, W/O. P.T.YOHANNAN, CHARIVUVILAYIL HOUSE, VELLAPPARA - VATTAKKAVU, PRAMADUM, PATHANAMTHITTA DISTRICT. 3. YOHANNAN, AGED 64 YEARS, S/O. P.T.YOHANNAN, CHARIVUVILAYIL HOUSE, VELLAPPARA - VATTAKKAVU, PRAMADUM, PATHANAMTHITTA DISTRICT. BY ADVS. SRI.M.T.SURESHKUMAR SRI. RAJA VIJAYARAGHAVAN RESPONDENT(S): ACCUSED NOS.1 TO 5 & STATE ------------------------------------------------------------------------ 1. SUJITH NINAN JOHN, AGED 27 YEARS, S/O. T.J.JOHN, NO.63, KALATHOOR LAYOUT, JALAHALLY P.O., BANGALORE-13. 2. SUSAN JOHN, W/O. T.J.JOHN, NO.63, KALATHOOR LAYOUT, JALAHALLY P.O., BANGALORE-13. 3. T.J.JOHN, NO.63, KALATHOOR LAYOUT, JALAHALLY P.O., BANGALORE-13. sts CRL.M.C.NO.5003/2010 4. AHARON, NO.63, KALATHOOR LAYOUT, JALAHALLY P.O., BANGALORE-13. 5. JEEN, NO.63, KALATHOOR LAYOUT, JALAHALLY P.O., BANGALORE-13. 6. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 TO R3 & R5 BY ADV. SRI.M.REVIKRISHNAN R6 BY PUBLIC PROSECUTOR SRI. SABU SREEDHARAN THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 21/12/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No. 5003 OF 2010 =========================== Dated this the 21st day of December,2010 ORDER Petitioners are the de facto complainant and respondents 1 to 5 are the accused in Crime 356/2010 of Konny Police Station registered for the offence under sections 323, 447 and 498A read with section 34 of Indian Penal Code on Annexure 1 F.I.R based on the First Information Statement of first petitioner, wife of the first respondent. 2. Learned counsel appearing for the petitioners, respondents 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 continue the prosecution. The Crl.M.C.5003/2010 2 crime itself was registered based on the First Information Statement furnished by the first petitioner wife. Petition filed by the said wife along with her parents, who are also the injured, establish that entire matrimonial disputes were settled amicably and consequent to the settlement, they have no grievance against respondents 1 to 3. As the de facto complainant and the injured themselves filed this petition, it is not in the interest of justice to continue the prosecution. Petition is allowed. Crime No.356/2010 of Konny Police Station registered under Annexure 1 F.I.R is quashed. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006