IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 18TH NOVEMBER 2009 / 27TH KARTHIKA 1931 Crl.MC.No. 3563 of 2009 ---------------------------------- (CRIME NO.327/2007 OF THE VAZHAKKAD POLICE STATION) .......... PETITIONERS/ ACCUSED: ------------------------------------- 1. P.T.UMMER, S/O.KOYAMMU, KUTTIPARAMBATH HOUSE, KALLERI, POOVATTUPARAMBU, KOZHIKODE DISTRICT. 2. FATHIMA, W/O.KOYAMMU, THAMPIKANDATHIL HOUSE, PUTHIYODATHU PARAMBU, OLAVATTOOR, MALAPPURAM DISTRICT. 3. ABDUL AZEEZ, S/O.KOYAMMU, THAMPIKANDATHIL HOUSE, PUTHIYODATHU PARAMBU, OLAVATTOOR, MALAPPURAM DISTRICT. 4. MUMTAX, D/O.KOYAMMU, KUTTIPARAMBATH HOUSE, KALLERI, POOVATTUPARAMBU, KOZHIKKODE DISTRICT. BY ADV. MR.BABU S. NAIR. RESPONDENTS/STATE & DEFACTO COMPLAINANT: --------------------------------------------------------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, VAZHAKKAD POLICE STATION - THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-31. 2. AYISHA, D/O.KUNHALAN, MANDOTHUKANDI HOUSE, OMANOOR, CHERUVAYOOR, MALAPPURAM DISTRICT. R1 BY PUBLIC PROSECUTOR MR. K.S. SIVAKUMAR, R2 BY ADV. SMT.M.T.SHEEBA. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. M.SASIDHARAN NAMBIAR,J. ------------------------------------------ CRL.M.C.NO. 3563 OF 2009 ------------------------------------------ Dated 18th November 2009 O R D E R Petitioners are accused and second respondent, the de facto complainant in C.C.286/2009 on the file of Judicial First Class Magistrate-II, Manjeri taken cognizance for the offences under Section 498 A, and 406 read with Section 34 of Indian Penal Code. This petition is filed under Section 482 of Code of Criminal Procedure contending that entire matrimonial disputes were settled amicably and now second respondent has no grievance as against petitioners and in such circumstances, it is not in the interest of justice to continue the prosecution as held by the Apex court in B.S.Joshi and others v. State of Haryana and another (2003(4) SCC 675). 2. Second respondent appeared through a counsel and also filed Annexure-B affidavit stating that entire matrimonial disputes were settled out of court amicably and she has no further grievance as against petitioner and she has no objection for quashing the proceedings. Crmc 3563/09 2 3. Learned counsel appearing for the petitioners, second respondent and learned Public Prosecutor were heard. 4. Annexure-A final report establishes that offences alleged against petitioners are matrimonial offences and offences connected with the matrimonial disputes which are purely personal in nature. Affidavit filed by second respondent establish that there has been an amicable settlement of all the matrimonial disputes. As held by the Apex court in Joshi's case (supra) when matrimonial disputes were settled amicably, it is not for the court to stand on technicalities and allow to continue the prosecution, when consequent to the settlement even if, petitioners are to be tried, chances of a successful prosecution is very bleak. In such circumstances, in the interest of justice the case is to be quashed. Petition is allowed. C.C.286/2009 on the file of Judicial First Class Magistrate-II, Manjeri is quashed. M.SASIDHARAN NAMBIAR, JUDGE. uj.