IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 14TH DECEMBER 2009 / 23RD AGRAHAYANA 1931 Crl.MC.No. 3831 of 2009() -------------------------------------- (CRIME NO.305/2009 OF PANGODE POLICE STATION) PETITIONER(S): ACCUSED 1 TO 4: --------------------------------------------------- 1. SULAIMAN, S/O. MYTHEEN KUNJU, AGED 55 YEARS, SHALAMA MANZIL, VALAKUZHIPACHA, KALLARA, THIRUVANANTHAPURAM. 2. SULAIKA BEEVI, W/O. MYTHEEN KUNJU, AGED 75 YEARS, -DO-..DO.... 3. GOWLATH,D/O. SULAIKA BEEVI, AGED 45 YEARS, CHARUVILA PUTHEN VEEDU, KATTAMPURAM, PULIMATH, THIRUVANANTHAPURAM. 4. ISHA BEEVI, D/O. SULAIKA BEEVI, AGED 40 YEARS, THOLIKUZHI, PULIMATH, THIRUVANANTHAPURAM. BY ADV. MR.G.SUDHEER RESPONDENT(S): STATE AND DEFACTO COMPLAINANT: ------------------------------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SAKEENA, D/O. HASSAN KOYA, AGED 25 YEARS, SHAHAMA MANZIL, VALAKUZHIPACHA, KALLARA, THIRUVANANTHAPURAM. R1 BY PUBLIC PROSECUTOR MR. P.A. SALIM R2 BY ADV. MR.S.K.VINOD THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 14/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.SASIDHARAN NAMBIAR,J. ------------------------------------------ Crl.M.C.NO.3831 OF 2009 ------------------------------------------ Dated 14th December 2009 O R D E R Petitioners are accused and second respondent, the de facto complainant in crime No.305/2009 of Pangode police station, registered for the offences under Sections 379, 452, 498 A, 294(b) read with Section 34 of Indian Penal Code under Annexure-A FIR, based on a complaint sent for investigation by Judicial First Class Magistrate-II, Nedumangadu filed by second respondent. This petition is filed under Section 482 of Code of Criminal Procedure to quash FIR and further proceedings contending that entire matrimonial disputes were settled amicably and in view of the settlement, it is not in the interest of justice to continue the prosecution. 2. Annexure-B affidavit also filed by second respondent stating that O.P.775/2009 was filed by second respondent before Family court, Nedumangad for realisation of gold ornaments and money and Crmc 3831/09 2 first petitioner husband filed O.P.703/2009 for custody of the minor children and second respondent had filed M.C.24/2006 under Section 12 of Protection of Women from Domestic Violence Act and all the disputes were settled amicably and in view of the settlement parties have decided not to proceed with the respective cases and second respondent has no objection for quashing the proceedings and for maintaining the cordiality, it is not in the interest of justice to continue the prosecution. 2. Learned counsel appearing for petitioners, second respondent and learned Public Prosecutor were heard. 3. Copy of complaint which was sent for investigation under Section 156(3) of Code of Criminal Procedure based on which Annexure-A FIR was registered, establish that offences alleged against the petitioners are purely personal in nature and it was due to the matrimonial disputes between parties. Affidavit filed by second respondent establishes that there has been complete settlement of all the matrimonial disputes and consequent to the settlement respective parties have agreed to withdraw the Crmc 3831/09 3 respective petitions filed before Family court and Judicial First Class Magistrate apart from present proceedings. Learned Public Prosecutor also submitted that statement of second respondent recorded subsequently also establishes that there has been a complete settlement of the disputes. As held by the Apex court in B.S.Joshi and others v. State of Haryana and another (2003(4) SCC 675), when matrimonial disputes are settled between the parties, it is not in the interest of justice to continue the prosecution, standing on technicalities. Petition is allowed. Crime No.305/2009 of Pangode police station is quashed. M.SASIDHARAN NAMBIAR, JUDGE. uj.