IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 27TH OCTOBER 2010 / 5TH KARTHIKA 1932 Crl.MC.No. 4330 of 2010 ---------------------------------- [CRIME NO.949/2009 OF KASARAGOD POLICE STATION, C.C. NO.522/2010 OF THE CHIEF JUDICIAL MAGISTRATE'S COURT, KASARAGOD] ............ PETITIONERS/ACCUSED 1 TO 4: ---------------------------------------------- 1. MUHAMMED SHEREEF, AGED 28 YEARS, S/O.P.A.ABDULLA, PALLAM HOUSE, M.P.XVII/501, SHIRIBAGILU VILLAGE AND POST, OLIYATHADUKA, KASARAGOD TALUK, KASARAGOD DISTRICT. 2. P.A.ABDULLA, S/O.ABOOBACKER, AGED 56 YEARS, PALLAM HOUSE, M.P.XVII/501, SHIRIBAGILU VILLAGE AND POST, OLIYATHADUKA, KASARAGOD TALUK, KASARAGOD DISTRICT. 3. MAIMOONA, AGED 56 YEARS, W/O.P.A.ABDULLA, PALLAM HOUSE, M.P.XVII/501, SHIRIBAGILU VILLAGE AND POST, OLIYATHADUKA, KASARAGOD TALUK, KASARAGOD DISTRICT. 4. SHAMEER, AGED 25 YEARS, S/O.P.A.ABDULLA, PALLAM HOUSE, M.P.XVII/501, SHIRIBAGILU VILLAGE AND POST, OLIYATHADUKA, KASARAGOD TALUK, KASARAGOD DISTRICT. BY ADV. SRI.T.MADHU. RESPONDENTS/STATE: ---------------------------------- 1. THE STATION HOUSE OFFICER, KASARAGOD POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. CRL.M.C. NO.4330/2010: 2. SHAMEEMA, AGED 26 YEARS, D/O.MUHAMMED SHAFI, ZIRAJ MANZIL, K.S.H.B, INDIRA NAGAR, CHENGALA, KASARAGOD TALUK, KASARAGOD DISTRICT, PIN-671 121. R1 BY PUBLIC PROSECUTOR SRI. I.V. PRAMOD. R2 BY ADV. SMT.SHAMSEERA C.ASHRAF. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 27/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No. 4330 OF 2010 =========================== Dated this the 27th day of October,2010 ORDER Petitioners are the accused and second respondent the de facto complainant in C.C.522/2010 on the file of Chief Judicial Magistrate's Court, Kasaragod taken cognizance for the offence under sections 323, 324, 328, 342, 506(i) and 498A read with section 34 of Indian Penal Code on Annexure A3 final report. This petition is filed under section 482 of Code of Criminal Procedure to quash the cognizance taken contending that entire matrimonial disputes were settled amicably and consequent to the settlement, it is not in the interest of justice to continue the prosecution. 2. Second respondent appeared through a counsel and filed an affidavit stating that she Crl.M.C.4330/2010 2 has settled all the matrimonial disputes with the petitioners and has no subsisting grievance against them and therefore there is no objection to quash the proceedings. 3. Learned counsel appearing for the petitioners, second respondent and learned Public Prosecutor were heard. 4. Annexure A1 F.I.R was registered based on Annexure A2 complaint filed by the second respondent before Chief Judicial Magistrate, Kasaragod and sent for investigation under section 156(3) of Code of Criminal Procedure. It is after investigation Annexure III final report was submitted alleging that petitioners committed offences under section 323, 342 and 498A read with section 34 of Indian Penal Code. The allegation is that petitioners, in furtherance of the common intention, wrongfully confined the second respondent in the bed room and also caused hurt and treated her with cruelty. The affidavit filed by the second respondent establishes that she Crl.M.C.4330/2010 3 has settled all the matrimonial disputes with the petitioners. 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 were settled amicably, it is not in the interest of justice to stand on technicalities and to continue the prosecution. Petition is allowed. C.C.522/2010 on the file of Chief Judicial Magistrate, Kasaragod is quashed. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006