IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 7TH APRIL 2010 / 17TH CHAITHRA 1932 Crl.MC.No. 947 of 2010(E) ------------------------------------ [CC.NO.128/2008 OF JUDL. MAGISTRATE OF FIRST CLASS COURT-I, PONNANI] .................... PETITIONERS: --------------------- 1. SAIFUNISA, AGED 24 YEARS, D/O.MACHINGAL ALI, KANJIRAMUKH AMSOM, KARAKKAD DESOM, PONNANI TALUK, MALAPPURAM DISTRICT. 2. ABDUL RASHEED, AGED 32 YEARS, S/O.KUNJIYAMMU, MUSHALIPARAMBIL HOUSE, NARNIPUZHA, PIDAVANOOR P.O., PONNANI TALUK, MALAPPURAM DISTRICT. 3. AISHAMMA, AGED 67 YEARS, W/O.KUNJIYAMMU, MUSHALIPARAMBIL, NARNIPUZHA, PIDAVANOOR P.O., PONNANI TALUK, MALAPPURAM. 4. MARIYAKUTTY, AGED 40 YEARS, D/O.KUNJIYAMMU, MUZHALIPARAMBIL, NARNIPUZHA, PIDAVANOOR P.O., PONNANI TALUK, MALAPPURAM. BY ADV. MR.T.A.SHAIN. RESPONDENTS: ------------------------ 1. SUB INSPECTOR OF POLICE, PERAMPADAPPU POLICE STATION, MALAPPURAM. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 & R2 BY PUBLIC PROSECUTOR MR. I.B. PRAMOD. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 07/04/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No. 947 OF 2010 =========================== Dated this the 7th day of April,2010 ORDER First petitioner is the wife and second petitioner the husband. Petitioners 3 and 4 are the in-laws of the first petitioner. First petitioner is the de facto complainant and petitioners 2 to 4 the accused in C.C.128/2008 on the file of Judicial First Class Magistrate's Court, Ponnani taken cognizance for the offences under sections 498A and 406 read with section 34 of Indian Penal Code. This petition is filed under section 482 of the Code of Criminal Procedure to quash the proceedings pending before the learned Magistrate contending that the entire matrimonial disputes were settled amicably and as held by the Apex Court in B.S. Joshi v. State of Haryana (2003) 4 SCC 675) it is not in Crl.M.C.947/2010 2 the interest of justice to continue the prosecution. 2. Petitioners also produced a separate affidavit of the first petitioner stating that the entire matrimonial disputes were settled amicably and therefore she is not intending to prosecute the petitioners further as the offences were compounded. 3. Learned counsel appearing for the petitioners and learned Public Prosecutor were heard. 4. The crime was registered based on a complaint filed by the first petitioner before Judicial First Class Magistrate and sent for investigation under section 156(3) of Code of Criminal Procedure. It is the very same complainant wife who along with her husband and in- laws filed this petition to quash the proceedings contending that entire matrimonial disputes were settled. The joint petition as well as the separate affidavit filed by the first petitioner Crl.M.C.947/2010 3 establishes that entire matrimonial disputes 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,it is not in the interest of justice to continue the prosecution by standing on technicalities. Petition is allowed. C.C.128/2008 on the file of Judicial First Class Magistrate's Court, Ponnani is quashed. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006