IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 14TH DECEMBER 2010 / 23RD AGRAHAYANA 1932 Crl.MC.No. 4866 of 2010() ------------------------- (AGAINST CRIME NO.475/2010 OF MANJESHWAR POLICE STATION) PETITIONER/ACCUSED: --------------------------------- 1. SHEIK JAFFAR SADIQ, S/O.SHEIK DAVOOD, RESIDING AT ZUHRA MANZIL, KUNJATHUR PADAVU, P.O.MANJESHWAR, KASARAGOD TALUK. 2. SHEIK DAVOOD, S/O.HYDER SAHIB, RESIDING AT ZUHRA MANZIL, KUNJATHUR PADAVU, P.O.MANJESHWAR, KASARAGOD TALUK. 3. ASHFAQ AHMED, S/O.SHEIK DAVOOD, RESIDING AT ZUHRA MANZIL, KUNJATHUR PADAVU, P.O.MANJESHWAR, KASARAGOD TALUK. 4. FAMIDA BANU, D/O.SHEIK DAVOOD, RESIDING AT ZUHRA MANZIL, KUNJATHUR PADAVU, P.O.MANJESHWAR, KASARAGOD TALUK. 5. SHAVAR PARVEEN, W/O.MUNAVAR HUSSAIN, RESIDING AT KATEEL ROAD, SWAMILA PADAVU, P.O.BAJPE, KARNATAKA STATE. BY ADV. SRI.SOJAN MICHEAL RESPONDENTS/DEFACTO COMPLAINANT: -------------------------------------------------------------- 1. STATE OF KERALA, (STATION HOUSE OFFICER, MANJESHWAR POLICE STATION), REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. AFEEN BANU, D/O.ABDUL SATHAR, RESIDING AT KOTTE BAGILU, NEAR RAILWAY BRIDGE, MALLARU, P.O.KAPU, UDUPI TALUK AND DISTRICT, KARNATAKA. R1 BY PUBLIC PROSECUTOR, SRI.I.V.PRAMOD R2 BY ADV. SMT. P.S.NISHIL THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 14/12/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: VK M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No. 4866 OF 2010 =========================== Dated this the 14th day of December,2010 ORDER Petitioners are the accused and second respondent the de facto complainant in Crime 475/2010 of Manjeshwar Police Station registered for the offences under sections 323, 406 and 498A read with section 149 of Indian Penal Code. First petitioner is the husband and second respondent the wife. Petitioners 2 to 5 are the in laws of the second respondent. Petition is filed under section 482 of the Code of Criminal Procedure to quash 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 it Crl.M.C.4866/2010 2 is based on Annexure I complaint filed before Judicial First Class Magistrate and sent for investigation under section 156(3) of Code of Criminal Procedure, Crime 475/2010 was registered and subsequently entire disputes were settled amicably on the intervention of well wishers and relatives and in view of the settlement she has no objection for quashing the proceedings as she does not intend to proceed with the matter further. 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 v. State of Haryana and another (2003) 4 SCC 675) and Madan Mohan Abbot v. State of Punjab(2008(3) KLT 19 (SC) when the matrimonial disputes and all other disputes between the petitioners and second respondent were settled amicably, it is not in the interest of justice to continue the prosecution standing on technicalities. The affidavit filed by the second respondent establishes that she has Crl.M.C.4866/2010 3 settled all the disputes with the petitioners. In such circumstances, it is not in the interest of justice to continue the prosecution. Petition is allowed. Crime No.475/2010 of Manjeshwar Police Station is quashed. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006