IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 3RD AUGUST 2009 / 12TH SRAVANA 1931 Crl.MC.No. 2527 of 2009() ----------------------------------- CRIME NO.1099/2009 OF NARAKKAL POLICE STATION. .................. PETITIONERS/ACCUSED NOS.1 TO 3 ---------------------------------------------------- 1. SHAMNAZ, S/O. SHAMSUDDIN, KOOTTEPADI, PAZHANGAD, EDAVANAKAD, KOCHI TALUK. 2. SHAMSUDDIN, S/O. UMMAR, KOOTTEPADI, PAZHANGAD, EDAVANAKAD, KOCHI TALUK. 3. RAZIA, W/O. SHAMSUDDIN, KOOTTEPADI, PAZHANGAD, EDAVANAKAD, KOCHI TALUK. BY ADV. MR.ASHIK K.MOHAMMED ALI RESPONDENTS/COMPLAINANT/DEFACTO COMPLAINANT ------------------------------------------------------------------------------------ 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, ERNAKULAM, REPRESENTING THE SUB INSPECTOR OF POLICE, NARAKKAL POLICE STATION. 2. VARADA, D/O. GAYI, PATHIYARTA HOUSE, THAYYEZHATHU, NAYARAMBALAM VILLAGE, KOCHI TALUK, NOW RESIDING AT KOOTTEPADI, PAZHANGAD, EDAVANAKKAD, KOCHI TALUK. R1 BY PUBLIC PROSECUTOR MR.P. RAVEENDRA BABU. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. M.SASIDHARAN NAMBIAR,J. ------------------------------------------ CRL.M.C.NO. 2527 OF 2009 ------------------------------------------ Dated 3rd August 2009 O R D E R Petitioners are accused and second respondent, the defacto complainant in crime No.1099/2009 of Narakkal Police Station. Annexure-A complaint was filed by second respondent before Judicial First Class Magistrate alleging that petitioners committed offence under Section 498 A read with Section 34 of Indian Penal Code. It was sent for investigation under Section 156(3) of Code of Criminal Procedure, based on which Annexure-A FIR was registered. This petition is filed under Section 482 of Code of Criminal Procedure, to quash Annexure-A FIR and the proceedings initiated contending that marriage of first petitioner with second respondent was a love marriage and though some disharmony occurred consequent to which a complaint was filed, it was now amicably settled and hence it is not in the interest of justice to continue the proceedings. It is also contended that Annexure-B statement of second CRMC 2527/09 2 respondent recording settlement was submitted before the Magistrate also. 2. Second respondent appeared through the counsel and filed an affidavit stating that all the disputes were amicably settled and she is living with first petitioner husband. 3. Learned counsel appearing for petitioners and second respondent and learned Public Prosecutor were heard. 4. Annexure-B statement filed before the Magistrate and affidavit of second respondent establish that though there was some disharmony in the matrimonial life of second respondent with first petitioner, it was settled and now the husband and wife are living together. It is also clear that consequent to the settlement second respondent has no grievance against petitioners. In such circumstances, as held by the Apex court in B.S.Joshi and others v. State of Haryana and another (2003(4) SCC 675) technicalities shall not stand in the way of the amicable settlement of the matrimonial dispute and it is not in the interest of justice to continue the proceedings. CRMC 2527/09 3 Petition is allowed. Annexure-A FIR and the further proceedings in crime No.1099/2009 is quashed. M.SASIDHARAN NAMBIAR, JUDGE. uj.