IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 9TH SEPTEMBER 2010 / 18TH BHADRA 1932 Crl.MC.No. 3719 of 2010() ------------------------- ( CMP.4186/2009 of JUDL. MAGISTRATE OF FIRST CLASS COURT, OTTAPPALAM & CRIME NO.898/09 OF OTTAPALAM POLICE STATION ). .................... PETITIONER/ ACCUSED ---------------------------------- ABDUL RASHEED, 29 YEARS, S/O.MARACKARKUTTY, PUTHANPEEDIACKAL HOUSE, CHUNANGAD POST, OTTAPALAM TALUK, PALAKKAD DISTRICT. BY ADVS. SMT.T.D.RAJALAKSHMI SRI.R.SREEHARI RESPONDENTS: ----------------------- 1. RAIHNATH, 25 YEARS, D/O.MOHAMMED KASIM, UMMARATHANTHODIYIL, CHUNANGAD POST, OTTAPALAM TALUK, PALAKKAD DISTRICT, PIN-679 511. 2. STATE OF KERALA, REP. BY THE SUB INSPECTOR OF POLICE, OTTAPALAM POLICE STATION THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 BY ADV. SRI.K.RAJESH SUKUMARAN R2 BY PUBLIC PROSECUTOR SRI.I.V.PRAMOD THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 09/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: VK M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No. 3719 OF 2010 =========================== Dated this the 9th day of September,2010 ORDER Petitioner is the accused in Crime 898/2009 of Ottapalam Police Station registered under Annexure A2 F.I.R based on Annexure A1 complaint filed by the first respondent wife before Judicial First Class Magistrate's Court, Ottapalam and sent for investigation under section 156(3) of Code of Criminal Procedure alleging that petitioner committed an offence under section 498A of Indian Penal Code. This petition is filed under section 482 of the Code of Criminal Procedure to quash the F.I.R contending that entire matrimonial disputes were settled amicably and consequent to the settlement, it is not in the interest of justice to continue the prosecution. 2. First respondent appeared through a Crl.M.C.3719/2010 2 counsel and filed an affidavit stating that the entire matrimonial disputes were settled under Annexure A3 agreement and consequent to the settlement, she has no objection for quashing the proceedings. 3. Learned counsel appearing for the petitioner, first respondent and the learned Public Prosecutor were heard. 4. Annexure A2 F.I.R was registered and the case was being investigated based on Annexure A1 complaint filed by the first respondent wife. Annexure A3 agreement jointly executed by the petitioner and the first respondent and the affidavit of the first respondent establishes that the entire matrimonial disputes were settled amicably. As held by the Apex Court in B.S.Joshi and others v. State of Haryana and another (2003) 4 SCC 675 when matrimonial disputes are settled amicably, it is not in the interest of justice to continue the prosecution. Petition is allowed. Crime No.898/2009 of Crl.M.C.3719/2010 3 Ottapalam Police Station is quashed. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006