IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 7TH DECEMBER 2009 / 16TH AGRAHAYANA 1931 Crl.MC.No. 3941 of 2009() ----------------------------------- CC.803/2007 of JUDL. MAGISTRATE OF FIRST CLASS COURT-V, KOZHIKODE .................... PETITIONER/ACCUSED --------------------------------- P.P.FAISAL, S/O.MUHAMMED KUTTY, PALLIPPARAMBATH HOUSE, VARATHAKKADU, MUTHUVALLOOR AMSOM, CHEEKKODE DESOM, MALAPPURAM. BY ADV. MR.R.BINDU (SASTHAMANGALAM) MR.PRASANTH M.P RESPONDENTS/DEFACTO COMPLAINANT AND STATE ------------------------------------------------------------------------------ 1. NAJUMMUNNISSA, D/O.SAIDALAVI, KUZHIMBADATH, KARINKALLAYI DESOM, VELIPPRAM AMSOM, KOZHIKODE. 2. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R2 BY PUBLIC PROSECUTOR MR.P.A. SALIM. R1 BY ADV. MR.N.P.PRAJEESH. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 07/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No. 3941 OF 2009 =========================== Dated this the 7th day of December,2009 ORDER Petitioner is the first accused in C.C.503/2004 on the file Judicial First Class Magistrate Court V, Kozhikode. Prosecution case is that five accused committed offences under section 498A and 406 read with section 34 of Indian Penal Code. First respondent is the de facto complainant and the wife of the petitioner. As petitioner was absconding, the case as against the petitioner and second accused were split up and refiled as C.C.803/2007. Accused 3 to 5 were tried by the learned Magistrate. By Annexure II judgment, those accused were acquitted. As is clear from Annexure II judgment, at the time of recording the evidence, all the witnesses including first respondent turned hostile. This petition is filed under section 482 of the Code of Criminal Procedure to quash the prosecution as against him contending that in view of the settlement of the disputes with the first respondent and the order of acquittal of the co-accused by Annexure II judgment, it is not in the interest of Crl.M.C.3941/2009 2 justice to continue the prosecution. 2. First respondent appeared through a counsel and jointly filed Crl.M.A.6733/2009 with the petitioner stating that the entire matrimonial disputes were amicably settled and in view of the settlement, it is not in the interest of justice to continue the prosecution and she has no objection to quash the case. 3. Annexure I agreement executed by the petitioner and the first respondent were also produced to prove the settlement. 4. Learned counsel appearing for the petitioner, first respondent and learned Public Prosecutor were heard. 5. Annexure II judgment establish that the case as against all the accused is that they committed the matrimonial offence and also committed breach of trust, which is incidental to the matrimonial dispute. Annexure II judgment also shows that when accused 3 to 5 were tried, including the first respondent, prosecution witness turned hostile evidently consequent to the settlement. The joint statement filed by first respondent and the petitioner establishes that there has been an amicable settlement of all the disputes. In such circumstance, even if the accused in C.C.803/2007 are to be tried, there is no likelihood of a conviction. In such circumstance, it is Crl.M.C.3941/2009 3 not in the interest of justice to continue the prosecution, not only against the petitioner but also against the original second accused in C.C.503/2004. Petition is allowed. C.C.803/2007 on the file of Judicial First Class Magistrate Court-V, Kozhikode is quashed. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006