IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 23RD NOVEMBER 2009 / 2ND AGRAHAYANA 1931 Crl.MC.No. 3765 of 2009() ------------------------------------ CRIME NO.2351/2007 OF ALUVA POLICE STATION. .................... PETITIONERS/ACCUSED IN CR.2351/07 OF ALUVA POLICE STATION. ------------------------------------------------------------------------------------------------- 1. ABDUL MALIK, S/O.ABDUL KHADER, PULLATHUPARAMPIL, EAST VELIYATHUNADU KARA, KARUMALLOOR VILLAGE, PARAVUR TALUK, ERNAKULAM DISTRICT. 2. ABDUL KHADER, S/O.HYDROSE, PULLATHUPARAMBIL, EAST VELIYATHUNADU KARA, KARUMALLOOR VILLAGE, PARAVUR TALUK, ERNAKULAM DISTRICT. 3. SARA, W/O.ABDUL KHADER, PULLATHUPARAMBIL, EAST VELIYATHUNADU KARA, KARUMALLOOR VILLAGE, PARAVUR TALUK, ERNAKULAM DISTRICT. 4. NISHABI, W/O.SADHIK, PULLATHUPARAMBIL, EAST VELIYATHUNADU KARA, KARUMALLOOR VILLAGE, PARAVUR TALUK, ERNAKULAM DISTRICT. 5. ASMA, W/O.UMMER, PULLATHUPARAMBIL, EAST VELIYATHUNADU KARA, KARUMALLOOR VILLAGE, PARAVUR TALUK, ERNAKULAM DISTRICT. BY ADV. MR.K.A.JALEEL RESPONDENTS/STATE & COMPLAINANT ----------------------------------------------------------- 1. STATE OF KERALA (REP. BY SUB INSPECTOR OF POLICE, ALUVA POLICE STATION - CR.2351/2007 OF ALUVA POLICE STATION) REPRESENTED BY THE STATE PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. Crl.MC.No. 3765 of 2009 2. NIJITHA, D/O.IBRAHIM, MANERI VEETTIL, MARIYAPPADY KARA, U.C.COLLEGE P.O., KARUMALLOOR VILLAGE, PARAVUR TALUK, ERNAKULAM DISTRICT. R1 BY PUBLIC PROSECUTOR MR.K.S. SIVAKUMAR. R2 BY ADV. SMT.MANJU R. KARTHA. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No.3765 OF 2009 =========================== Dated this the 23rd day of November,2009 ORDER Petitioners are the accused and second respondent the de facto complainant in Crime 2351/2007 of Aluva Police Station registered for the offence under section 498A read with section 34 of Indian Penal Code on Annexure A1 F.I.R based on the First Information Statement of the second petitioner. This petition is filed under section 482 of Code of Criminal Procedure to quash the proceedings contending that O.P.702/2008 was filed by the second respondent before Family Court, Ernakulam as well as M.C.131/2008 claiming maintenance and by Annexure C compromise petition the disputes were settled amicably and Annexure B agreement was also entered into and in view of the settlement, it is not in the interest of justice to continue the prosecution. 2. Second respondent appeared through a counsel and filed an affidavit stating that entire matrimonial disputes with the petitioners were settled amicably and in view of the statement she has no grievance against the petitioners and she has no objection for Crl.M.C.3765/2009 2 quashing the proceedings. 3. Learned counsel appearing for the petitioners, second respondent and the learned Public Prosecutor were heard. 4. Annexure A F.I.R shows that the offence alleged against the petitioners, who are the husband and in-laws of the second respondent is matrimonial offence. The affidavit filed by the second respondent establish that the entire matrimonial disputes were settled amicably between the parties. As held by the Apex Court in B.S. Joshi v. State of Haryana (2003(4) SCC 675) when matrimonial disputes were settled amicably, it is not in the interest of justice to continue the prosecution by standing on technicalities, when ultimately consequent to the settlement chances of a successful prosecution is very bleak. Petition is allowed. Crime No.2351/2007 of Aluva Police Station is quashed. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006