IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 4TH NOVEMBER 2009 / 13TH KARTHIKA 1931 Crl.MC.No. 3454 of 2009() ------------------------------------ CRIME NO.835/2009 OF KOTTIYAM POLICE STATION. ..................... PETITIONERS/ACCUSED: ----------------------------------- 1. MUHAMMED FAIZAL, S/O. SHAMSUDEEN, AGED 27 YEARS, FAIZAL MANZIL, KOTTIYAM P.O., KOLLAM. 2. NABEESA BEEVI, W/O. SHAMSUDEEN, AGED 50 YEARS, FAIZAL MANZIL, KOTTIYAM P.O., KOLLAM. BY ADV. MR.S.SUDHEESHKAR, MR. K.SIJU, MR.MOHAMMED RAFI, MR.SHIBU THANKAPPAN. RESPONDENTS/COMPLAINANT & STATE: ----------------------------------------------------------- 1. SHEMEERA, D/O. SAINUDEEN, AGED 19 YEARS, ADAVANAZHIKAM, UMAYANALLOOR P.O., KOLLAM. 2. STATE OF KERALA, REP. BY SUB INSPECTOR OF POLICE, KOTTIYAM POLICESTATION, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R2 BY PUBLIC PROSECUTOR MR.S.U. NAZAR. R1 BY ADV. MR.A.MUHAMMED RAFFI, MR.SHIBU THANKAPPAN. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 04/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No. 3454 OF 2009 =========================== Dated this the 4th day of November,2009 ORDER Petitioners are the accused and first respondent the de facto complainant in Crime No.835/2009 of Kottiyam Police Station registered for the offence under section 498A read with section 34 of Indian Penal Code. Annexure A1 F.I.R was registered on recording the First Information Statement of first respondent from the hospital. Crime was registered based on it. This petition is filed under section 482 of Code of Criminal Procedure contending that subsequent to the registration of the case, entire matrimonial disputes were settled in the presence of Juma-ath authorities and on the intervention of respectable persons and as it is found that the marriage collapsed and there is no chance of a reunion, they have decided to dissolve the marriage and consequently the marriage was dissolved and all the ornaments and mahar due to the first respondent were paid and in such circumstances it is not in the interest of justice to continue the prosecution. Crl.M.C.3454/2009 2 2. First respondent appeared through a counsel and filed an affidavit stating that subsequent to the registration of the crime the matrimonial disputes were amicably settled and they have dissolved the marriage and petitioners had entrusted the gold ornaments and other gifts to the first respondent and in view of the settlement, she has no objection for quashing the proceedings. 3. Learned counsel appearing for the petitioners, first respondent and the learned Public Prosecutor were heard. 4. The very case was registered on the First Information Statement of the first respondent wife alleging that petitioners committed an offence under section 498A read with section 34 of Indian Penal Code. The affidavit of the first respondent supports the case of the petitioners that there was an amicable settlement of the matrimonial disputes. The affidavit show that consequent to the settlement, first respondent has no objection for quashing the proceedings. 5. As held by the Apex Court in B.S.Joshi v. State of Haryana (2003(4) SCC 675) when the matrimonial disputes were settled amicably between the husband and wife and the families, it is not in the interest of justice to stand on Crl.M.C.3454/2009 3 technicalities and proceed with the case, when ultimately consequent to the settlement there cannot be a successful prosecution. In such circumstances, it is not in the interest of justice to continue the case. Petition is allowed. Crime 835/2009 of Kottiyam Police Station as against the petitioners is quashed. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006