IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 7TH JANUARY 2010 / 17TH POUSHA 1931 Crl.MC.No. 4167 of 2009() ----------------------------------- CRIME NO.339/2009 OF MUKKAM POLICE STATION, KOZHIKODE. -------------- PETITIONER(S): ACCUSED AND DEFACTOR COMPLAINANT ----------------------- 1. RAJEESH, S/O.CHANDUKUTTY, PARAMBATHANA HOUSE, CHEROOPPA, MAVOOR, KOZHIKODE. 2. SREEMATHY, W/O. CHANDUKUTTY, AGED 56 YEARS, PARAMBATHANA HOUSE, CHEROOPPA, MAVOOR, KOZHIKODE. 3. DINESH, S/O. CHANDUKUTTY, AGED 25 YEARS, PARAMBATHAN HOUSE, CHEROOPPA, MAVOOR, KOZHIKODE. 4. SRUTHY MOHANAN, D/O. MOHANDAS, SRUTHILAYAM, PARAPPIL, PANNIKKODE, KOZHIKODE. BY ADV. MR.K.M.FIROZ RESPONDENT(S): STATE --------------------------- THE STATE OF KERALA, REPRESENTED BY'THE SUB INSPECTOR OF POLICE, MUKKAM POLICE STATION, MUKKAM, KOZHIKODE RURAL, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR.P.A.SALIM THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 07/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss M.SASIDHARAN NAMBIAR,J. ======================== Crl.M.C No.4167 OF 2009 ==================== Dated this the 7th day of January, 2010. O R D E R Petitioners are the accused in Crime No.339 of 2009 of Mukkam Police Station registered for the offences under Sections 498A, 506, and 406 of Indian Penal Code. This petition is filed under Section 482 of the Code of Criminal Procedure to quash Annexure-A FIR and all further proceedings taken pursuant thereto contending that entire matrimonial disputes were settled between the 4th petitioner and petitioners 1 to 3 and therefore, it is not in the interest of justice to continue the prosecution. 2. Learned public prosecutor, on instructions, submitted that registration of the case against petitioner 1 to 3 was based on a complaint of the fourth petitioner and thereafter, petitioners 2 and 3 were removed from the array of parties. It is also submitted that Subsequent statement recorded revealed that there has been a settlement of the Crl.M.C No.4167 OF 2009 2 matrimonial disputes. 3. When there has been a settlement of the matrimonial dispute, as is clear from the petition filed by the de-facto complainant jointly with the petitioners and from the submission of the learned Public Prosecutor, as held by the Apex Court in B.S.Joshy V. State of Haryana(2003) 4 SCC 675, it is not in the interest of justice to continue the prosecution. Petition is allowed. Crime.No.339 of 2009 of Mukkam Police Station is quashed. M.SASIDHARAN NAMBIAR,JUDGE. mns