IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 9TH MARCH 2010 / 18TH PHALGUNA 1931 Crl.MC.No. 821 of 2010() ----------------------------------- CC.978/2009 of JUDL. MAGISTRATE OF FIRST CLASS COURT, MALAPPURAM. .................... PETITIONERS/ACCUSED 1 TO 3 ---------------------------------------------- 1. MUJEEB RAHMAN PUTHIYATH, S/O.MUHAMMED, PALLIYALITHODIYIL VEEDU, CHERUTHUR, MONGAM P.O., MALAPPURAM DISTRICT. 2. MUHAMMED, S/O.CHECKU, PALLIYALITHODIYIL VEEDU, CHERUTHUR, MONGAM P.O., MALAPPURAM DISTRICT. 3. AYISHAKUTTY, W/O.MUHAMMED. PALLIYALITHODIYIL VEEDU, CHERUTHUR, MONGAM P.O., MALAPPURAM DISTRICT. BY ADV. MR.K.VIDYASAGAR RESPONDENTS/COMPLAINANT & STATE ------------------------------------------------------------ 1. SAMEEDA, AGED 22 YEARS, D/O.ABU, KALLADICKAL HOUSE, MORAYUR P.O., MALAPPURAM DISTRICT. 2. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R2 BY PUBLIC PROSECUTOR MR.K.S. SIVAKUMAR. R1 BY ADV. MR.KISHOR B. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 09/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. M.SASIDHARAN NAMBIAR,J. ------------------------------------------ CRL.M.C.NO.821 OF 2010 ------------------------------------------ Dated 9th March 2010 O R D E R Petitioners are the accused and first respondent the de facto complainant in C.C.978/2009 on the file of Judicial First Class Magistrate, Malappuram taken cognizance for the offence under Section 498 A read with Section 34 of Indian Penal Code on Annexure-3 final report. Petition is filed under Section 482 of Code of Criminal Procedure contending that entire matrimonial disputes were settled amicably with first respondent and in view of the settlement, it is not in the interest of justice to continue the prosecution. 2. First respondent appeared through a counsel and filed an affidavit Crmc 821/10 2 stating that entire matrimonial disputes were settled amicably and in view of the settlement, she has no objection for quashing the proceedings. 3. Learned counsel appearing for the petitioners, first respondent and learned Public Prosecutor were heard. 4. First petitioner and first respondent are husband and wife. Offences alleged against the petitioners are matrimonial offences. Affidavit filed by first respondent establishes that entire matrimonial disputes were settled amicably and consequent to the settlement she has no grievance against the petitioner. 5. As held by the Apex court in B.S.Joshi and others v. State of Haryana and another (2003(4) SCC 675) when the matrimonial Crmc 821/10 3 disputes are settled amicably between the parties, it is not in the interest of justice to stand on technicalities to continue the prosecution. Petition is allowed. C.C.978/2009 on the file of Judicial First Class Magistrate, Malappuram is quashed. M.SASIDHARAN NAMBIAR, JUDGE. uj.