IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 1ST DECEMBER 2009 / 10TH AGRAHAYANA 1931 Crl.MC.No. 3870 of 2009() ------------------------- CC.64/2009 of JUDL. MAGISTRATE OF FIRST CLASS COURT-II, ATTINGAL .................... PETITIONER(S)/ A1 TO A4 ------------------------------------ 1. SHAHANAS, AGE 32, (A1) S/O.IBRAHIMPILLA, SHA MANZIL, NEAR KALLADICHAVILA JUNCTION, KALLADICHAVILA DESOM, AYIROORPARA VILLAGE, NOW RESIDING AT BISMI MANZIL, KALLUDESATHU THARATTAYIL, NEDUMANGAD VILLAGE. 2. AARIFA BEEVI, AGE 57, (A2) D/O.FATHIMA BEEVI, SHA MANZIL, NEAR KALLADICHAVILA JUNCTION, KALLADICHAVILA DESOM, AYIROORPARA VILLAGE, NOW RESIDING AT BISMI MANZIL, KALLUDESATHU THARATTAYIL, NEDUMANGAD VILLAGE. 3. SHEEJA, AGE 30 (A3) D/O.AARIFA BEEVI, SHA MANZIL, NEAR KALLADICHAVILA JUNCTION, KALLADICHAVILA DESOM, AYIROORPARA VILLAGE, NOW RESIDING AT BISMI MANZIL, KALLUDESATHU THARATTAYIL, NEDUMANGAD VILLAGE. 4. SHAMEERA, AGE 28, (A4) D/O.AARIFA BEEVI, SHA MANZIL, NEAR KALLADICHAVILA JUNCTION, KALLADICHAVILA DESOM, AYIROORPARA VILLAGE, NOW RESIDING AT BISMI MANZIL, KALLUDESATHU THARATTAYIL, NEDUMANGAD VILLAGE. BY ADV. MR.P.M.SANEER RESPONDENT(S): ------------------------ 1. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SHAILA, AGE 26, (CW1) D/O.LAILA, SHA MANZIL, NEAR CHEMPAKAMANKALAM JUNCTION, PATTATHIL MURIYIL, THONNAIKKAL VILLAGE. R1 BY PUBLIC PROSECUTOR MR.S.U. NAZAR. R2 BY ADV. MR.K.K.DHEERENDRAKRISHNAN. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. M.SASIDHARAN NAMBIAR,J. ------------------------------------------ Crl.M.C.NO.3870 OF 2009 ------------------------------------------ Dated 1st December 2009 ORDER Petitioners are accused and second respondent, the de facto complaint in C.C.64/2009 on the file of Judicial First Class Magistrate-II, Attingal taken cognizance on Annexure-A final report for the offence under Section 498 A read with Section 34 of Indian Penal Code. First petitioner is the husband and second respondent, the wife. This petition is filed under Section 482 of Code of Criminal Procedure to quash the case pending before learned Magistrate contending that entire matrimonial disputes were settled amicably with second respondent and hence, it is not in the interest of justice to continue the prosecution. 2. Second respondent appeared through a counsel and filed Annexure-C affidavit stating that entire matrimonial disputes were settled amicably and consequent to the settlement she has no further grievance against petitioners and she has no objection Crmc 3870/09 2 for quashing the proceedings. 3. Learned counsel appearing for the petitioners, second respondent and learned Public Prosecutor were heard. 4. Annexure-C affidavit filed by second respondent establishes that entire matrimonial disputes with the first petitioner, her husband, was settled amicably and consequent to the settlement, she has no grievance as against the petitioners. When matrimonial disputes were settled amicably and consequent to the settlement likelihood of a successful prosecution is very bleak and trial would result only in unnecessary waste of valuable time of the court, as held by the Apex court B.S.Joshi and others v. State of Haryana and another (2003(4) SCC 675) it is not in the interest of justice to continue the prosecution. Petition is allowed. C.C.64/2009 on the file of Judicial First Class Magistrate-II, Attingal is quashed. M.SASIDHARAN NAMBIAR, JUDGE. uj.