IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 5TH MARCH 2010 / 14TH PHALGUNA 1931 Crl.MC.No. 766 of 2010() ------------------------ CC.46/2006 of CHIEF JUDICIAL MAGISTRATE COURT, TRIVANDRUM .................... PETITIONER(S): ------------------------- 1. SALIM JAILANI, S/O.ABDUL KHADER HAJI, AGED 34, THUKALASSERY AIKKAD, KOLLAMPARAMBIL VEEDU, THIRUVALLA VILLAGE, THIRUVALLA TALUK, PATHANAMTHITTA DISTRICT. 2. SWAPNA AJI SHAMSUDHEEN, AGED 30, D/O.SUBAIDA, THUKALASSERY AIKKAD, KOLLAMPARAMBIL VEEDU, THIRUVALLA VILLAGE, THIRUVALLA TALUK, PATHANAMTHITTA DISTRICT. 3. SUBAIDA, AGED 56, W/O.ABDUL KHADER, THUKALASSERY AIKKAD, KOLLAMPARAMBIL VEEDU, THIRUVALLA VILLAGE, THIRUVALLA TALUK, PATHANAMTHITTA DISTRICT. 4. ABDUL KHADER, AGED 62, THUKALASSERY AIKKAD, KOLLAMPARAMBIL VEEDU, THIRUVALLA VILLAGE, THIRUVALLA TALUK, PATHANAMTHITTA DISTRICT. BY ADVS. MR.KKM.SHERIF, MR.LAL K.JOSEPH, MR.A.A.ZIYAD RAHMAN. RESPONDENT(S): --------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, MUSEUM POLICE STATION, THIRUVANANTHAPURAM. 3. FAREEDA, D/O.ABDUL KAREEM, AGED 32, PANANCHIKKAL HOUSE, EDATHALA, ALUVA EAST VILLAGE, ERNAKULAM DISTRICT. R1 & R2 BY PUBLIC PROSECUTOR MR. I.B.PRAMOD R3 BY ADV. MR.P.SHAIJAN JOSEPH THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 05/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.SASIDHARAN NAMBIAR,J. ------------------------------------------ CRL.M.C.NO.766 OF 2010 ------------------------------------------ Dated 5th March 2010 O R D E R Petitioners are the accused and third respondent, the de facto complainant in C.C.46/2006 on the file of Chief Judicial Magistrate, Thiruvananthapuram taken cognizance for the offence under Section 498 A read with Section 34 of Indian Penal Code on Annexure-A2 final report, submitted by Sub Inspector of Police, Museum police station in crime No.309/2005 registered under Annexure-A1 FIR based on the first information statement of third respondent. Petition is filed under Section 482 of Code of Criminal Procedure to quash the cognizance taken and the proceedings pending before the learned Crmc 766/10 2 Magistrate contending that entire matrimonial disputes were amicably settled, evidenced by Annexure-A3 agreement of settlement and hence it is not in the interest of justice to continue the prosecution. 2. Third respondent appeared through a counsel and filed Crl.M.A.1141/2010 jointly with the petitioners stating that entire matrimonial disputes were settled and consequent to the settlement, she has no grievance against the petitioners and she has no intention to proceed with the case and therefore, she has no objection for quashing the proceedings. 3. Learned counsel appearing for the petitioners, third respondent and learned Public Prosecutor were heard. 4. Annexure-III agreement of settlement Crmc 766/10 3 arrived at by third respondent wife and first petitioner husband establishes that entire matrimonial disputes were settled amicably and consequent to the settlement third respondent had no subsisting grievance against petitioners and hence she has no objection for quashing the proceedings. 5. 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 stand on technicalities and to continue the prosecution, as ultimately, even if petitioners are to be tried, there is no likelihood of a successful prosecution as there is a settlement with de facto complainant wife. In such circumstances, when the joint petition filed by third respondent establishes Crmc 766/10 4 that there was an amicable settlement with the petitioners and consequent to the settlement she has no grievance against the petitioners, it is not in the interest of justice to continue the prosecution. Petition is allowed. C.C.46/2006 on the file of Chief Judicial Magistrate, Thiruvananthapuram is quashed. M.SASIDHARAN NAMBIAR, JUDGE. uj.