IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 7TH APRIL 2010 / 17TH CHAITHRA 1932 Crl.MC.No. 1189 of 2010() --------------------------------------- (FIR NO.3115/08 OF ALUVA POLICE STATION) PETITIONER(S): ACCUSED:DEFACTO COMPLAINANT: --------------------------------------------------------------------------------- 1. ASHARAF, S/O.ABDULKHADER, AGED 38 YEARS, AYATHU (H), PUTHALIKKARA BHAGAM, NOCHIMA KARA, ALUVA EAST VILLAGE,ALUVA TALUK. 2. RAHINA, AGED 37, W/O.ASHARAF, AYATHU HOUSE, PULLALIKKARA BHAGAM, NOCHIMA KARA, ALUVA EAST VILLAGE, ALUVA TALUK, NOW RESIDING AT MALLISSERY (H), MUTTAM, ALUVA. BY ADV. SRI.RAJIV NAMBISAN SRI.K.S.RAJEEV (ALUVA) RESPONDENT(S): STATE:COMPLAINANT: -------------------------------------------------------------- STATE OF KERALA REPRESENTED BY SUB INSPECTOR OF POLICE, ALUVA POLICE STATION BY P.P. HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR MR. I.B.PRAMOD THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 07/04/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No. 1189 OF 2010 =========================== Dated this the 7th day of April,2010 ORDER First petitioner is the husband and second petitioner his wife. First petitioner is the accused and second petitioner the de facto complainant in Crime 3115/2008 of Aluva Police Station registered for the offences under sections 498A and 406 of Indian Penal Code on the First Information Statement recorded from second petitioner. This petition is filed under section 482 of the Code of Criminal Procedure to quash the F.I.R contending that the entire matrimonial disputes were settled amicably. 2. Learned counsel appearing for the petitioners and learned Public Prosecutor were heard. 3. The allegation against the first Crl.M.C.1189/2010 2 petitioner is that he committed the offences under sections 406 and 409A of Indian Penal Code by treating the second petitioner with cruelty and also committed breach of trust against the second petitioner. The very same de facto complainant has joined with the petitioner and filed this petition stating that as entire matrimonial disputes were settled amicably and they are residing together, it is not in the interest of justice to continue the prosecution. 4. As held by the Apex Court in B.S. Joshi v. State of Haryana (2003) 4 SCC 675)when matrimonial disputes were settled amicably, it is not in the interest of justice to continue the prosecution. The joint petition is filed by the husband and wife stating that they have settled the matrimonial disputes and are living together as husband and wife and to maintain the cordiality of the matrimonial life, it is necessary not to continue the prosecution. Hence it is not in the interest of justice to continue the prosecution. Crl.M.C.1189/2010 3 Petition is allowed. Crime 3115/2008 of Aluva Police Station is quashed. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006