IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 9TH DECEMBER 2009 / 18TH AGRAHAYANA 1931 Crl.MC.No. 3976 of 2009() ------------------------- (IN CRIME NO.183/2009 OF HOSDURG POLICE STATION AND C.C.NO.462/2009 BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE I, HOSDURG.) PETITIONERS: ACCUSED AND CW2 ------------------------------ 1. T.NISSAR,S/O.MUHAMMED KUNHI, THAYAL HOUSE, BEKAL JUNCTION PALLIKKARA VILLAGE 2. MUHAMMED KUNHI, S/O.LATE ABDULLA, THAYAL HOUSE, BEKAL JUNCTION, PALLIKKARA VILLAGE. 3. T.AYISHA,W/O.MUJAMMED KUNHI,THAYAL HOUSE, BEKAL JUNCTION, PALLIKKARA VILLAGE. 4. ABIDA,D/O.ABOOBACKER, THAVAKKAL VILLAGE, MOOVARIKUNDU, KANJANGAD. BY ADV. SMT.T.SUDHAMANI RESPONDENT: STATE -------------------- THE STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. BY PUBLIC PROSECTOR SRI.S.U.NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 09/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.SASIDHARAN NAMBIAR J. ----------------------------- CRL.M.C No. 3976 of 2009 ------------------------------ Dated this the 9th day of December, 2009. O R D E R Fourth petitioner is the wife of the first petitioner and petitioners 2 and 3 are the parents of the first petitioner. Petitioners 1 to 3 are the accused and the fourth petitioner the defacto complainant in C.C.No.462 of 2009 on the file of the Judicial Magistrate of First Class-I, Hosdurg. Petitioners jointly filed this petition under Section 482 of the Code of Criminal Procedure to quash the proceedings contending that entire matrimonial disputes were settled amicably under Annexure II agreement and in view of the settlement, it is not in the interest of justice to continue the prosecution. Annexure III affidavit was also separately filed by the fourth petitioner stating that entire matrimonial disputes were settled amicably and she is now living with the other petitioners and in such circumstances, the case is to be quashed. 2. The learned counsel appearing for the petitioner and learned Public Prosecutor were heard. 3. Annexure I final report shows that the prosecution case against petitioners 1 to 3 is that they committed offence under CRL.M.C No. 3976 of 2009 2 Section 498A r/w. Section 34 IPC on the allegation that they treated the fourth petitioner, wife of the first petitioner with cruelty and thereby committed the offence. Annexure II agreement shows that entire matrimonial disputes were settled. The affidavit filed by the fourth petitioner establishes that the matrimonial disputes are settled and she is now living with her husband amicably. 4. As held by the Apex Court in B.S.Joshi V. State of Hariyana (2003(2) KLT 1062) when the matrimonial disputes are settled amicably, it is not in the interest of justice to continue the prosecution standing on technicalities as ultimately, consequent to the settlement chances of a successful prosecution is very bleak. In such circumstances the case can only be quashed. This petition is allowed. C.C.No.462 of 2009 on the file of the Judicial Magistrate of First Class-I, Hosdurg, is quashed. Sd/- M.SASIDHARAN NAMBIAR JUDGE //True Copy// PA to Judge ab