IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 26TH MARCH 2009 / 5TH CHAITHRA 1931 Crl.MC.No. 1024 of 2009() ----------------------------------- CRIME NO.832/2007 OF KASARGODE POLICE STATION .................... PETITIONERS/ACCUSED 1,3 TO 7 ----------------------------------------------- 1. RAFEEQUE, AGED 30 YEARS, S/O.KHALID, KARANCHERRY HOUSE, P.O.NADAKKIL, ERATTUPETTA VILLAGE, ARUVITHARA TALUK, KOTTAYAM DISTRICT. 2. MAHIM, AGED 32 YEARS, S/O.NIZZAR, NAJMA HOTEL, NEAR CPM PETROL PUMP, THEKKEKARA, ERATTUPETTA VILLAGE, EARAVIPURAM TALUK, KOTTAYAM DISTRICT. 3. SIYAD. K.H., AGED 30 YEARS, S/O.HANEEFA, KARATTUVEETIL HOUSE, ERATTUPETTA VILLAGE, ARUVITHARA TALUK, KOTTAYAM DISTRICT. 4. NISSAR, AGED 48 YEARS, S/O.KOCHUTHAMBY, PARAKKAL HOUSE, THEKKEKARA, ERATTUPETTA VILLAGE, ARUVITHARA TALUK, KOTTAYAM DISTRICT. 5. SUBAIDA, AGED 43 YEARS, W/O.NISSAR, PARAKKAL HOUSE, THEKKEKARA, ERATTUPETTA VILLAGE, ARUVITHARA TALUK, KOTTAYAM DISTRICT. 6. AFSAL, AGED 27 YEARS, S/O.MOHAMED, PATHAZHAPADI HOUSE, P.O.NADAKKIL, ERATTUPETTA VILLAGE, ARUVITHARA TALUK, KOTTAYAM DISTRICT. BY ADV. MR.JAWAHAR JOSE Crl.MC.No. 1024 of 2009 RESPONDENTS/DEFACTO-COMPLAINANT & STATE -------------------------------------------------------------------------- 1. RAZIYA, AGED 28 YEARS, D/O.HAMZA, K.M.HOUSE, 4TH MILE, CHENGALA, KASARGODE TALUK AND DISTRICT, (NOW RESIDING AT KARANCHERRY HOUSE, P.O.NADAKKIL, ERATTUPETTA VILLAGE, ARUVITHARA TALUK, KOTTAYAM.DIST.) 2. THE STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. * ADDL. R3 IMPLEADED ADDL. R3: SHAUKATHALI, AGED 32 YEARS, S/O.ABDULLA, RAHMATH NAGAR, 4TH MILE, CHENGALA, KASARAGODE DISTRICT. * ADDL. R3 IS IMPLEADED AS PER ORDER DATED 26/03/2009 IN CRL. MA. 1746/2009. R2 BY PUBLIC PROSECUTOR MR.GIKKU JACOB R1 BY ADV. MR.GOKUL DAS V.V.H. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 26/03/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = CRL.M.C. NO. 1024 OF 2009 = = = = = = = = = = = = = = = Dated this the 26th day of March, 2009. O R D E R This petition is filed with a prayer to quash all further proceedings under Annexure B, i.e. with respect to the Crime No.832/07 of the Kasaragod Police Station. A private complaint is filed by the wife against the husband and others alleging offence u/Ss. 120B, 493, 495, 496, 419, 420 r/w S.34 and IPC. It has come up only on account of a matrimonial dispute between the husband and wife. Now the husband and wife has settled the matter and they are happily residing together under the same roof thereby putting an end to all matrimonial disputes between them. What shall be the procedure has been laid down by the Apex Court in Joshi's case(B.S. Joshi v. State of Haryana (2003 (4) SCC 675). The Apex Court has held that the High Court while exercising jurisdiction u/s 482 Cr.P.C. is also expected to consider the end result if the prosecution is permitted to continue. It was also held that the High Court should be Crl.M.C. 1024 OF 2009 -:2:- liberal in encouraging settlement of matrimonial disputes. It further held that hypertechnicality should not result in counterproductivity whereby the intention of the legislature is defeated. Now here is a case which had arisen on account of a matrimonial dispute between the husband and wife wherein others are also dragged in. Now the husband and wife had settled together and they are living under the same roof. If one is compelled to proceed with the prosecution it will result in a calamitous situation whereby the matrimonial relationship may even break. Here parties have decided to settle themselves and living in a cordial atmosphere, it is not correct to direct them to face the prosecution. So invoking the dictum laid down by the Apex Court and applying it to the facts of the present case I feel this is a fit case where the inherent power has to be invoked. Therefore this Crl.M.C is allowed and all further proceedings in Crime No.832/07 of Kasaragod Police Station is quashed. M.N. KRISHNAN, JUDGE. ul/-