IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 27TH JULY 2009 / 5TH SRAVANA 1931 Crl.MC.No. 2353 of 2009 ------------------------------- CC.417/2009 of JUDL.MAGISTRATE OF FIRST CLASS-I, ALUVA F.I.R NO. 280/2008 OF THRIKKAKARA POLICE STATION, ........................................... PETITIONER(S): ACCUSED --------------------------- 1. MAJEED, S/O. BEERAN, AGED 35 YEARS, VELUTHEDATH HOUSE, KANGARAPPADY, VADAKODU P.O. 2. NABEESA, W/O. BEERAN, VELUTHEDATH HOUSE, KANGARAPPADY, VADAKODU P.O. 3. SALEENA, D/O. BEERAN, VELUTHEDATH HOUSE, KANGARAPPADY, VADAKODU P.O. BY ADV. SRI.C.A.CHACKO SMT.C.M.CHARISMA SRI.N.A.SHAFEEK RESPONDENT(S): COMPLAINANT & DEFACTO-COMPLAINANT ------------------------------------------------ 1. THE STATE OF KERALA, REPRESENTED BY SUB INSPECTOR OF POLICE, THRIKKAKARA POLICE STATION, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SABEENA M.J., D/O. JAFFAR, AGED 27 YRS, MANAYATH HOUSE, THAYIKKATTUKARA P.O., KUNNATHERY, ALUVA. ADV. SRI.BENNY VARGHESE (THETTAYIL) FOR R2 PUBLIC PROSECUTOR SRI. AMJAD ALI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 27/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.2353 of 2009 -------------------------- ORDER Petitioners are the accused in C.C.No.417/2009 on the file of Judicial First Class Magistrate's Court-I, Aluva. First petitioner is the husband and second respondent, the wife. Petitioners 2 and 3 are the mother and sister of the first petitioner. Case as against the petitioners is that they committed an offence under Section 498A of Indian Penal Code. This petition is filed under Section 482 of Code of Criminal Procedure to quash the proceedings against them contending that subsequently, there was a settlement of all the disputes between the petitioners and second respondent and they are now living together and in such circumstances, it is not, in the interest of justice, to continue the proceedings. Annexure-A3 affidavit of the second respondent is also filed, along with the petition, to the effect that there CRMC 2353/09 2 was a complete settlement of the disputes and along with their two minor children, first petitioner and second respondent are living under one roof. 2.Second respondent appeared through a counsel. Learned counsel appearing for the petitioners, second respondent and learned Public Prosecutor were heard. 3. Submissions of the learned counsel appearing for the petitioners and second respondent and Annexure-A3 affidavit of the second respondent establish that the matrimonial disputes between the first petitioner and second respondent were amicably settled and they are now living together along with their minor children. In such circumstances, it is not, in the interest of justice, to stand on technicalities and jeo pardise the matrimonial cordial atmosphere, as held by the Apex Court in B.S.Joshi v. State of Haryana ((2003) 4 SCC 675). In view of the settlement of the matrimonial disputes, when there is no possibility of a conviction, it is not, in the interest of CRMC 2353/09 3 justice, to proceed with the case. Petition is allowed. C.C.No.417/2009 on the file of Judicial First Class Magistrate's Court-I, Aluva as against the petitioners is quashed. 27th July, 2009 (M.Sasidharan Nambiar, Judge) tkv