IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 29TH OCTOBER 2010 / 7TH KARTHIKA 1932 Crl.MC.No. 4349 of 2010() ----------------------------------- ( CRIME NO. 304/2010 OF CHITTUR POLICE STATION, PALAKKAD DT) --------------------- PETITIONER(S): ACCUSED NOS.1 TO 4 & DEFACTO COMPLAINANT ----------------------------------------------------------------------------------------------- 1. SATHISH D.NAIR, AGED 30 YEARS, S/O.DEVIDASAN P.NAIR,"KRISHNA",B-13,RAM KUTIR CHS, GOSAVI MALA, JAIL ROAD,NASHIK ROAD, MAHARASHTRA-422 101. 2. SANTHALAKSHMI, AGED 61 YEARS, W/O.DEVIDASAN P.NAIR,"KRISHNA",B-13,RAM KUTIR CHS, GOSAVI MALA, JAIL ROAD,NASHIK ROAD, MAHARASHTRA-422 101. 3. DEVIDASAN P.NAIR,AGED 64 YEARS, S/O.PARAMESWARAN NAIR, "KRISHNA",B-13,RAM KUTIR CHS, GOSAVI MALA, JAIL ROAD,NASHIK ROAD, MAHARASHTRA-422 101. 4. ANISH D.NAIR,AGED 25 YEARS, S/O.DEVIDASAN P.NAIR,"KRISHNA",B-13,RAM KUTIR CHS, GOSAVI MALA, JAIL ROAD,NASHIK ROAD, MAHARASHTRA-422 101. 5. JYOTHI, AGED 24 YEARS,D/O. RAMACHANDRAN, JYOTHI NIVAS,LENKESWARAM, CHITTOOR VILLAGE,PALAKKAD DISTRICT,. BY ADVS. SRI.NIREESH MATHEW S RI.U.MUHAMMED MUSTHAFA RESPONDENT(S): COMPLAINANT ------------------------------------------------ STATE OF KERALA REPRESENTED BY SUB INSPECTOR OF POLICE,CHITTUR POLICE STATION, PALAKKAD DISTRICT, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. P.A.SALIM THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 29/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts M.SASIDHARAN NAMBIAR,J. --------------------------------------------- CRL.M.C.NO.4349 OF 2010 --------------------------------------------- Dated 29th October, 2010 O R D E R Petitioners 1 to 4 are the accused and fifth petitioner, the de facto complainant in Crime No.304/2010 of Chittoor Police Station, registered under Annexure-A FIR for the offence under Sections 498 A and 386 read with Section 34 of Indian Penal Code and Section 4 of Dowry Prohibition Act on the basis of the complaint filed by the fifth petitioner before Judicial First Class Magistrate's Court, Chittoor and sent for investigation under Section 156(3) of Code of Criminal Procedure. Petition is filed jointly by the accused and de facto complainant stating that the entire matrimonial disputes were Crmc 4349/10 2 settled amicably and consequent to the settlement, it is not in the interest of justice to continue the prosecution. 2. Learned counsel appearing for the petitioners and learned Public Prosecutor were heard. 3. As held by the Apex Court in B.S.Joshi and others v. State of Haryana and another (2003(4) SCC 675), when the matrimonial disputes were settled amicably between the husband and the wife, it is not in the interest of justice to continue the prosecution. Crime itself was registered on a complaint filed by the fifth petitioner wife. Wife along with the husband and in-laws filed this petition stating that they have settled all the disputes and therefore, the case is to be quashed. In such circumstances, it is not in the interest of Crmc 4349/10 3 justice to continue the prosecution. Petition is allowed. Crime No.304/2010 of Chittoor Police Station is quashed. M.SASIDHARAN NAMBIAR, JUDGE. uj.