IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 30TH NOVEMBER 2010 / 9TH AGRAHAYANA 1932 Crl.MC.No. 4693 of 2010() ------------------------------------ ( C.C.NO. 417/2010, IN CRIME NO. 413/2009 OF THE THENHIPALAM POLICE STATION) -------------------- PETITIONER(S): ACCUSED -------------------------------------- 1. VAZHAKKALI SADDIQUE,S/O.HASSANKUTTY VAZHAKKALI,VAZHAKKALI HOUSE,NEEROPALAM, THENHIPALAM,MALAPPURAM DISTRICT. 2. HASSANKUTTY VAZHAKKALI,S/O.MOIDU, VAZHAKKALI HOUSE,NEEROLPALAM,THENHIPPALAM, MALAPPURAM DISTRICT. 3. SAFIYA VAZHAKKALI,S/O.HASSANKUTTY VAZHAKKALI,VAZHAKKALI HOUSE,NEEROLPALAM, THENHIPPALAM,MALAPPURAM DISTRICT. 4. BALKEES VAZHAKKALI,D/O.HASSANKUTTY VAZHAKKALI,VAZHAKKALI HOUSE,NEEROLPALAM, THENHIPPALAM,MALAPPURAM DISTRICT. BY ADVS. SRI.BABU S. NAIR SRI.K.RAKESH RESPONDENT(S): STATE & DEFACTO COMPLAINANT ---------------------------------------------------------------------------- 1. THE STATE OF KERALA,REPRESENTED BY THE SUB INSPECTOR OF POLICE,PARAPPANANGADI POLICE STATION-THROUGH THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM,KOCHI-31. 2. NAZEERA.C,D/O.ITHUTTY CHOKLI,KUNNATH HOUSE,KAKKATHADAM,PARAMBIL PEEDIKA.P.O, MALAPPURAM DISTRICT,PIN-676315. R1 BY PUBLIC PROSECUTOR SRI. P.A.SALIM R2 BY ADV. SMT.M.T.SHEEBA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 30/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts M.SASIDHARAN NAMBIAR,J. --------------------------------------------- CRL.M.C.NO.4693 OF 2010 --------------------------------------------- Dated 30th November, 2010 O R D E R Petitioners are the accused and second respondent, the de facto complainant in C.C.417/2010 on the file of Judicial First Class Magistrate's Court, Parappanangadi, taken cognizance for the offences under Sections 498 A and 406 read with Section 34 of Indian Penal Code on Annexure-B final report. Crime was registered based on Annexure-A complaint filed by the second respondent before Judicial First Class Magistrate, Parappanangadi and sent for investigation under Section 156(3) of Code of Criminal Procedure. Petition is filed under Section 482 of Code of Criminal Procedure to quash Crmc 4693/10 2 the proceedings 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. Second respondent appeared through a counsel and filed an affidavit stating that she has settled all the matrimonial disputes with the petitioners and she has no subsisting grievance against them and hence she has no objection for quashing the proceedings. 3. Learned counsel appearing for the petitioners, second respondent and learned Public Prosecutor were heard. 4. 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 Crmc 4693/10 3 proceedings, standing on technicalities. First petitioner and second respondent are husband and wife. Affidavit filed by the second respondent establishes that she has settled all the matrimonial disputes with the petitioners. In such circumstances, it is not in the interest of justice to continue the prosecution. Petition is allowed. C.C.417/2010 on the file of Judicial First Class Magistrate's Court, Parappanangadi is quashed. M.SASIDHARAN NAMBIAR, JUDGE. uj.