IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 14TH SEPTEMBER 2010 / 23RD BHADRA 1932 Crl.MC.No. 3781 of 2010() ------------------------- CC.425/2009 of JUDL.FIRST CLASS MAGISTRATE'S COURT I,HOSDURG .................... (CRIME NO.20/2009 OF RAJAPURAM POLICE STATION) PETITIONER(S): ACCUSED 1 TO 6: ---------------------------------------------------- 1. MOIDEEN KUNHI @ P.M.MOIDEEN,AGED 31 YEARS, S/O.ABDULLA,ZEENATH MANZIL,CHERUPANATHADY, PANTHADY VILLAGE,HOSDURG TALUK,KASARAGOD DISTRICT. 2. ABDUL RAHIMAN @ADRAN,AGED 21 YEARS, S/O.ABDULLA,ZEENATH MANZIL,CHERUPANATHADY, PANTHADY VILLAGE,HOSDURG TALUK,KASARAGOD DISTRICT. 3. A.HANEEFA,AGED 25 YEARS, S/O.ABDULLA,ZEENATH MANZIL,CHERUPANATHADY, PANTHADY VILLAGE,HOSDURG TALUK,KASARAGOD DISTRICT. 4. FATHIMA,AGED 47 YEARS, W/O.ABDULLA,ZEENATH MANZIL,CHERUPANATHADY, PANTHADY VILLAGE,HOSDURG TALUK,KASARAGOD DISTRICT. 5. P.K.ABDULLA,AGED 56 YEARS, S/O.MOIDEEN KUNHI,ZEENATH MANZIL,CHERUPANATHADY, PANTHADY VILLAGE,HOSDURG TALUK,KASARAGOD DISTRICT. 6. P.YUSAF,AGED 19 YEARS,S/O.ABDULLA, ZEENATH MANZIL,CHERUPANATHADY, PANTHADY VILLAGE,HOSDURG TALUK,KASARAGOD DISTRICT. BY ADV. SRI.T.MADHU RESPONDENT(S): STATE & DEFACTO COMPLAINANT: -------------------------------------------------------------------------------- 1. THE STATION HOUSE OFFICER, RAJAPURAM POLICE STATION,REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. 2. B.THAHIRA,AGED 25 YEARS,W/O.MOIDEENKUNHI, ZENATH MANZIL,CHERUPANATHADY,PANTHADY VILLAGE, HOSDURG TALUK,KASARAGOD DISTRICT,PIN 671 532. R1 BY PUBLIC PROSECUTOR SRI.P.A.SALIM R2 BY ADV. SMT.SHAMSEERA. C.ASHRAF THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 14/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No.3781 OF 2010 =========================== Dated this the 14th day of September,2010 ORDER Petitioners are the accused and second respondent the de facto complainant in C.C.425/2009 on the file of Judicial First Class Magistrate's Court-I, Hosdurg taken cognizance for the offence under sections 498A and 494 of Indian Penal Code on Annxure A1 final report submitted by the Sub Inspector of Police, Rajapuram Police Station. Prosecution case is that first petitioner married second respondent on 4.7.2002 and while they were living as husband and wife fifth petitioner, the brother of the first petitioner misbehaved with the second respondent and on 17.1.2009 first petitioner contracted a second marriage and when the second respondent had got information, she questioned the same and the Crl.M.C.3781/2010 2 petitioners treated her with cruelty and also demanded a dowry of Rs.5 lakhs and thereby committed the offences. This petition is filed under section 482 of the Code of Criminal Procedure contending that the entire matrimonial disputes were settled amicably and consequent to the settlement, second respondent has no subsisting grievance against the petitioners and therefore 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 the entire matrimonial disputes were settled amicably on the intervention of mediators. The second respondent and her husband are living together and consequent to the settlement, she has no objection to quash the proceedings and hence the case is to be quashed. 3. Learned counsel appearing for the petitioners, second respondent and learned Public Prosecutor were heard. Crl.M.C.3781/2010 3 4. Annexure A1 final report establishes that learned Magistrate has taken cognizance of the matrimonial offences on the final report submitted by the police. The affidavit filed by the second respondent establishes that entire matrimonial disputes were subsequently settled and second respondent wife is now living with the first petitioner husband. 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 and jeoparadise the matrimonial life. In such circumstances, petition is allowed. C.C.425/2009 on the file of Judicial First Class Magistrate's Court-I, Hosdurg is quashed. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006