IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 19TH FEBRUARY 2010 / 30TH MAGHA 1931 Crl.MC.No. 596 of 2010 -------------------------------- (C.C. NO. 275/2009 OF THE CHIEF JUDICIAL MAGISTRATE COURT, KASARAGOD IN CRIME NO. 33/2009, OF MANJESHWAR POLICE STATION) ....... PETITIONERS/ACCUSED: ------------------------------------ 1. LATHEEF FAIZAL, AGED 32 YEARS, S/O.ABDULLA HAJI, R/AT. DRARAM MANZIL, BAYAR, KASARAGOGD. 2. UMMAR, AGED 32 YEARS, S/O.ABDULLA HAJI, R/AT. DRARAM MANZIL, BAYAR, KASARAGOD. 3. KADEEJA, AGED 48 YEARS, D/O.ABDULLA HAJI, JARAYAM MANZIL, BAYAR, KASARAGOD. BY ADV. MR.T.B.SHAJIMON. RESPONDENTS/COMPLAINANT/STATE: --------------------------------------------------------- 1. ZAHIRA SHEIK, AGED 23 YEARS, D/O.SAYYED, R/AT.RAHMAN HOUSE, AMBAR, UPPALA, KASARAGOD. 2. STATE OF KERALA, REP. BY S.H.O. MANJESHWAR POLICE STATION, REP. BY THE PUBLIC PROSECUTOR, ERNAKULAM. R2 BY PUBLIC PROSECUTOR MR. S.U. NAZAR. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 19/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.596 of 2010 -------------------------- ORDER Petitioners are the accused and first respondent, the complainant in C.C.No.275/2009 on the file of Chief Judicial Magistrate's Court, Kasaragod, taken cognizance for the offences under Sections 498A, 403, 406 and 420 read with Section 34 of Indian Penal Code on Annexure-A1 final report. First petitioner is the husband of the first respondent. This petition is filed under Section 482 of Code of Criminal Procedure to quash the proceedings contending that entire matrimonial disputes between the parties were settled amicably and in view of the settlement, it is not in the interest of justice to continue the prosecution. 2. First respondent appeared through a counsel and filed a joint petition along with the petitioners stating that entire matrimonial disputes were settled amicably and in view of the CRMC 596/10 2 settlement, the case is to be quashed. 3. Learned counsel appearing for the petitioners, first respondent and learned Public Prosecutor were heard. 4. Annexure-A1 final report shows that prosecution case is that on 6.6.2002, first petitioner married first respondent and from the date of marriage till 23.1.2009, petitioners were demanding more dowry and treating her with cruelty both physically and mentally and making the first respondent to believe that property will be purchased in the names of the first petitioner and herself, money was induced to be parted by the first respondent and in breach of trust, document was obtained only in the name of the first petitioner and he, thereby, cheated her and committed the offences. 5. Joint petition filed by the first respondent with the petitioners establishes that the matrimonial disputes between the parties were CRMC 596/10 3 settled amicably and first respondent has no subsisting grievance against the petitioners. As held by the Apex Court in B.S.Joshi v. State of Haryana ((2003) 4 SCC 675), when the matrimonial disputes were settled between the parties, it is not for the court to stand on technicalities and proceed with the case on the ground that an offence under Section 498A of Indian Penal Code is not compoundable, when the other offences are compoundable. Hence, it is not in the interest of justice to continue the prosecution. Petition is allowed. C.C.No.275/2009 on the file of Chief Judicial Magistrate's Court, Kasaragod is quashed. 19th February, 2010 (M.Sasidharan Nambiar, Judge) tkv