IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 16TH DECEMBER 2009 / 25TH AGRAHAYANA 1931 Crl.MC.No. 4079 of 2009() ------------------------- CC.1176/2009 of JUDL. MAGISTRATE OF FIRST CLASS-V, KOZHIKODE .................... PETITIONER(S): ACCUSED: ---------------------------------------- 1. MUHAMMAD SHAKKEER, 28 YEARS, S/O. ABUBACKER, THAMPURAN ROAD, (NEAR NADUVATTAM LIBRARY), P.O. NADUVATTUM, KOZHIKODE DISTRICT. 2. AYISHA, 40 YEARS, W/O. ABUBACKER, THAMPURAN ROAD, (NEAR NADUVATTAM LIBRARY), P.O. NADUVATTUM, KOZHIKODE DISTRICT. 3. MUSTHAFA, 50 YEARS, S/O. KATHIRIKOYA, THAMPURAN ROAD, (NEAR NADUVATTAM LIBRARY), P.O. NADUVATTUM, KOZHIKODE DISTRICT. 4. AKBAR SHA, 45 YEARS, S/O. UMMER, STAR APARTMENTS, NEAR THAZHATHUM KANDI TEMPLE, ARAKINAR, KOZHIKODE DISTRICT. BY ADV. MR.M.MUHAMMED SHAFI RESPONDENT(S): COMPLAINANT /DEFACTO COMPLAINANT: ------------------------------------------------------------------------------------------ 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. K.P. SHAMSANA, 24 YEARS, D/O.K.P. USMAN, BITHUL JASEENA, CHAKIRIKKATTU PARAMBU, P.O. ARAKINAR, KOZHIKODE DISTRICT (BEYPORE POLICE STATION LIMIT). R1 BY PUBLIC PROSECUTOR MR. P.A.SALIM R2 BY ADV. MR. RAJAN KUDUMBATHIL THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 16/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No. 4079 OF 2009 =========================== Dated this the 16th day of December,2009 ORDER Petitioners are the accused and second respondent the de facto complainant in C.C.1176/2009 on the file of Judicial First Class Magistrate's Court-V, Kozhikode taken cognizance for the offences under sections 406, 498A read with section 34 of Indian Penal Code. First petitioner is the husband and second respondent his wife. Second respondent filed Annexure A1 complaint before Judicial First Class Magistrate-V, Kozhikode which was sent for investigation under section 156(3) of Code of Criminal Procedure, based on which Crime No.196/2009 of Marad Police Station was registered and after investigation the final report was filed which was taken cognizance for the offence under sections 406 and 498A read Crl.M.C.4079/2009 2 with section 34 of Indian Penal Code. This petition is filed under section 482 of Code of Criminal Procedure to quash the cognizance taken and the proceedings contending that entire matrimonial disputes were settled amicably and in view of the settlement, it is not in the interest of justice to continue the prosecution. 2. Learned counsel appearing for the petitioners, second respondent and learned Public Prosecutor were heard. 3. The final report taken cognizance by the learned Magistrate establishes that petitioners are alleged to have committed matrimonial offences. The joint statement filed by petitioners and second respondent establish 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 there has been an amicable settlement of the matrimonial disputes, it is not in the interest of justice to stand on Crl.M.C.4079/2009 3 technicalities and proceed with the case. In such circumstances, petition is allowed. C.C.1176/2009 on the file of Judicial First Class Magistrate Court-V, Kozhikode is quashed. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006