IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 17TH SEPTEMBER 2010 / 26TH BHADRA 1932 Crl.MC.No. 3330 of 2010() ------------------------------------ CC.504/2009 of CHIEF JUDICIAL MAGISTRATE, KASARAGOD. CRIME NO.103/2009 OF KUMBALA POLICE STATION. .................... PETITIONER(S): COMPLAINANT & ACCUSED NO.2 & 4 ----------------------------------------------------------------------------- 1. JAMSHEERA, D/O.ABBAS.K.P., ASHIF MANZIL, VIDYAGIRI, PERDALA P.O., BADIADKA, KASARAGOD DISTRICT, PIN 671 551. 2. ASYAMMA, W/O.PATTA MOOSA, NEW KUNNIL, BAMBRANA, BAMBARANA P.O., KASARAGOD DISTRICT. 3. ZUHARA, D/O.PATTA MOOSA, -DO-. BY ADV. SRI.K.V.SOHAN SMT.SREEJA SOHAN.K. SRI.GEORGE JOSEPH PULIMOOTTIL SRI.K.DILIP SRI.ROVIN RODRIGUES RESPONDENT(S): STATE ------------------------------------ STATE OF KERALA, SUB INSPECTOR OF POLICE KUMBALA POLICE STATION, KASARAGOD DISTRICT. (CRIME NO.103/2009), REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SMT. M.K.PUSHPALATHA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 17/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No. 3330 OF 2010 =========================== Dated this the 17th day of September,2010 ORDER First petitioner is the de facto complainant and the wife of the first accused. Petitioners 2 and 3 are the mother-in-law and sister-in-law of the first petitioner who are accused 2 and 3 in C.C.504/2009 on the file of Judicial First Class Magistrate's Court, Kasaragod taken cognizance for the offence under sections 406,498A, 506(i) read with section 34 of Indian Penal Cod on Annexure II final report. Petition is filed jointly by the wife, mother-in-law and the sister-in-law to quash the proceedings pending before the Chief Judicial Magistrate contending that entire matrimonial disputes were settled amicably evidenced by Annexure III agreement and consequent to the settlement, first petitioner Crl.M.C.3330/2010 2 has no subsisting grievance against the accused and therefore entire proceedings pending before Chief Judicial Magistrate, Kasaragod on Annexure II final report is to be quashed. 2. Learned counsel appearing for the petitioners and learned Public Prosecutor were head. 3. Annexure II final report shows that the offences alleged against the petitioners 2 and 3 and the husband of the first petitioner, the first accused, are under section 406, 498A and 506(i) read with section 34 of Indian Penal Code and the case itself was registered on Annexure I complaint filed by the first petitioner before Chief Judicial Magistrate, Kasaragod and sent for investigation under section 156(3) of the Code of Criminal Procedure. The very fact that first petitioner wife and the in-laws jointly filed this petition stating that entire matrimonial disputes were settled amicably under Annexure III agreement establishes that there has been a settlement of all Crl.M.C.3330/2010 3 the matrimonial disputes. 4. 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 with the prosecution, especially when consequent to the settlement there is no likelihood of a successful prosecution. Petition is allowed. C.C.504/2009 on the file of Chief Judicial Magistrate's Court, Kasaragod is quashed. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006