IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 7TH APRIL 2009 / 17TH CHAITHRA 1931 Crl.MC.No. 1311 of 2009() ---------------------------- (IN CRIME NO.55/09 OF KADAKKAL POLICE STATION) ..................... PETITIONER(S)/ACCUSED A1 TO A4: ---------------------------------------------- 1. NIZAR S/O.ABDUL RAZAK, VENGAVILA VEEDU,KAITHACAD NELLIMOODU MURI,KULATHUPUZHA VILLAGE, KOTTARAKKARA TALUK. 2. NAZEERA D/O. ABDUL RAZAK, VENGAVILA VEEDU,KAITHACAD NELLIMOODU MURI,KULATHUPUZHA VILLAGE, KOTTARAKKARA TALUK. 3. SALAHUDEEN VENGAVILA VEEDU,KAITHACAD NELLIMOODU MURI,KULATHUPUZHA VILLAGE, KOTTARAKKARA TALUK. 4. ABDUL RAZAK, VENGAVILA VEEDU,KAITHACAD NELLIMOODU MURI,KULATHUPUZHA VILLAGE, KOTTARAKKARA TALUK. BY ADV. SRI.K.V.ANIL KUMAR RESPONDENT(S)/STATE/COMPLAINANT: ------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE KADAKKAL POLICE STATION, KOLLAM DISTRICT. 3. SALIJAMOL, D/O. SHAHIDA BEEVI SHAMNA MANZIL, KEERIPURAM MURI KADAKKAL VILLAGE, KOTTARAKKARA TALUK. PUBLIC PROSECUTOR SRI. AMJAD ALI. SRI.P.V.DILEEP FOR R3 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 07/04/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = CRL.M.C. NO. 1311 OF 2009 = = = = = = = = = = = = = = = Dated this the 7th day of April, 2009. O R D E R This petition is filed with a prayer to quash further proceedings in Crime No.55/09. The petitioners are accused Nos.1 to 4 in the said crime and they are alleged to have committed offences u/s 498A r/w S.34 IPC. Now the parties have settled the matter and it is submitted in the form of an affidavit that the husband and wife are now living together in a calm and harmonious atmosphere. The wife does not want to continue the prosecution. In the light of the dictum laid down in Joshi's case(B.S. Joshi v. State of Haryana (2003 (4) SCC 675) there should be encouragement for settlement of matrimonial disputes and that technicality shall not lead to counterproductivity. I feel circumstances exist in this case to show indulgence and quash the proceedings. Therefore the Crl.M.C. is allowed and all further proceedings in Crime No.55/09 of Kadakkal Police Station are quashed. M.N. KRISHNAN, JUDGE. ul/-