IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 14TH SEPTEMBER 2009 / 23RD BHADRA 1931 Crl.MC.No. 2967 of 2009 -------------------------------- CC.743/2008 of JUDL. MAGISTRATE OF FIRST CLASS COURT, PATTAMBI .......................................... PETITIONER(S): ACCUSED NOS.1 TO 5 ------------------------------------------------------- 1. ABDUL FATHAH, S/O.ABDUL RAHIMANKUTTY, THERUVATH (A1 FATHAH)HOUSE, SOUTH PONNANAI, KADAVANAD AMSOM, PONNANI TALUK, MALAPPURAM DIST. 2. ABDUL RAHIMANKUTTY, S/O.KUNJU MUHAMMED, THERUVATH (A1-FATHAH)HOUSE,SOUTH PONNANAI, KADAVANAD AMSOM, PONNANI TALUK, MALAPPURAM DISTRICT 3. SHAHIDA @ MARIUMMA, W/O.ADBUL RAHIMANKUTTY, THERUVATH (A1-FATHAH) HOUSE, SOUTH PONNANAI, KADAVANAD AMSOM, PONNANI TALUK, MALAPPURAM DISTRICT. 4. SALMA JALEELA, W/O.IQBAL,A1-FATHAH HOUSE SOUTH PONNANAI, KADAVANAD AMSOM,PONNANI TALUK, MALAPPURAM DISTRICT. 5. SHAMEELA, W/O.FIROZ, AL-FATHAH HOUSE, SOUTH PONNANAI,KADAVANAD AMSOM, PONNANI TALUK, MALAPPURAM DISTRICT. BY ADV. SRI.K.B.ARUNKUMAR RESPONDENT(S): STATE AND DEFACTO COMPLAINANT --------------------------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, CHALISSERY POLICE STATION, CALISSERY,PALAKKAD DISTRICT. 3. SHIMI HAMEED, D/O ABDUL HAMEED, THYIL POTHINAYIKKAL HOUSE, CHAZHIYATTIRI AMSOM DESOM, OTTAPALAM TALUK, PALAKKAD DISTRICT. PUBLIC PROSECUTOR SRI.AMJAD ALI. ADV. SRI.ABDU SAMEER, SRI.RANJIT BABU FOR R3 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 14/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.SASIDHARAN NAMBIAR,J. ------------------------------------------ CRL.M.C.NO.2967 OF 2009 ------------------------------------------ Dated 14th September 2009 O R D E R Petitioners are accused and third respondent the defacto complainant in C.C.743/2008 on the file of Judicial First Class Magistrate, Pattambi. Under Annexure-II final report submitted by the Sub Inspector of Police, Chalissery police station, learned Magistrate has taken cognizance under Section 498 A read with section 34 of Indian Penal Code as against the petitioners. This petition is filed under Section 482 of Code of Criminal Procedure to quash the proceedings contending that the entire disputes between petitioners and third respondent were amicably settled under Annexure-III agreement and third respondent has no grievance against the petitioners and has no objection for quashing the proceedings and in view of the settlement, it is not necessary to continue the proceedings. 2. Third respondent appeared through a counsel and filed affidavit stating that there was a CRMC 2967/09 2 settlement of all the disputes between the petitioners and third respondent evidenced by Annexure-III agreement and in view of the settlement third respondent has no objection for quashing the proceedings. 3. First petitioner and third respondent were husband and wife. Annexure-III shows that disputes were settled and marriage was dissolved and third respondent was given all the benefits available to her and pursuant to the settlement third respondent has agreed to file an affidavit before this court when petitioners file an application to quash the proceedings in C.C.743/2008. Evidently the affidavit is filed as agreed to under Annexure-III agreement. 4. Learned counsel appearing for petitioners, third respondent and learned Public Prosecutor were heard. 5. Affidavit of third respondent with Annexure-III agreement shows that the entire matrimonial disputes between petitioners and third respondent were settled amicably. In view of the amicable settlement of matrimonial disputes, it is not in the interest of justice to continue the proceedings CRMC 2967/09 3 as held by the Apex court in B.S.Joshi and others v. State of Haryana and another (2003(4) SCC 675) as in view of the settlement there is no likelihood of a successful prosecution. In such circumstances, the proceedings can only be quashed. Petition is allowed. C.C.743/2008 on the file of Judicial First Class Magistrate, Pattambi is quashed. M.SASIDHARAN NAMBIAR, JUDGE. uj.