IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 24TH NOVEMBER 2009 / 3RD AGRAHAYANA 1931 Crl.MC.No. 3774 of 2009() ------------------------------------ CRIME NO.297/2009 OF MUKKAM POLICE STATION, KOZHIKODE. ............... PETITIONERS/ACCUSED AND DEFACTO COMPLAINANT -------------------------------------------------------------------------------- 1. PRABEESH, KANJIRAPARAMBIL HOUSE, KARASSERI DESOM, KAKKADAM AMSOM, KOZHIKODE TALUK. 2. TINTUMOL.P.K, D/O.VIJAYAN, ALUMTHARAM, PENNAKODE DESOM, NEELESHWARAM AMSOM, KOZHIKODE TALUK. BY ADV. MR.K.M.FIROZ RESPONDENT/ STATE -------------------------------- THE STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, MUKKAM POLICE STATION, MUKKAM, KOZHIKODE RURAL, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR.S.U. NAZAR. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 24/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No. 3774 OF 2009 =========================== Dated this the 24th day of November,2009 ORDER First petitioner is the husband and second petitioner the wife. They are respectively the accused and de facto complainant in Crime 297/2009 of Mukkam Police Station registered under Annexure A F.I.R based on the First Information Statement of second petitioner, for the offence under section 498A of Indian Penal Code. Petition is filed jointly by the husband and wife to quash the F.I.R and all further proceedings contending that in view of the settlement of the dispute the case is to be quashed. Petitioners would contend that subsequent to the registration of the case entire matrimonial disputes were settled and in view of the settlement, it is not in the interest of justice to continue the prosecution. A separate affidavit was also filed by the second petitioner to the effect that she has no subsisting grievance against the first petitioner and they are now living together. 2. Learned counsel appearing for the petitioners and learned Public Prosecutor were heard. Crl.M.C.3774/2009 2 3. Joint petition filed by the petitioners establish that the matrimonial disputes between the husband and wife were amicably settled. The affidavit filed by the second petitioner establishes that consequent to the settlement they are living together. As held by the Apex Court in B.S. Joshi v. State of Haryana (2003(4) SCC 675) when matrimonial disputes were settled amicably and the husband and wife are living together, it is not in the interest of justice to continue the prosecution. Petition is allowed. Crime 297/2009 of Mukkam Police Station, Kozhikode is quashed. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006