IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 11TH NOVEMBER 2010 / 20TH KARTHIKA 1932 Crl.MC.No. 4263 of 2010(A) -------------------------------------- [CRIME NO.375/2010 OF NEDUMANGAD POLICE STATION] .................... PETITIONERS/ACCUSED 1 TO 3: ----------------------------------------------- 1. MAHEENKANNU, AGED 38, S/O. ABDUL RAHMAN, KALIYILKUNNU, CHERUKAYALKARA, MURUKKUMPUZHA P.O., THIRUVANANTHAPURAM. 2. JAMEELA BEEVI, AGED 62, KALIYILKUNNU, CHERUKAYALKARA, MURUKKUMPUZHA P.O., THIRUVANANTHAPURAM. 3. RAHILA BEEVI, KALIYILKUNNU, CHERUKAYALKARA, MURUKKUMPUZHA P.O., THIRUVANANTHAPURAM. BY ADV. SRI.R.V.SREEJITH. RESPONDENTS/COMPLAINANT & STATE: ------------------------------------------------------------ 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, OFFICE OF THE ADVOCATE GENERAL, HIGH COURT OF KERALA, ERNAKULAM. 2. NADEERA BEEVI, D/O. UMAIDA BEEVI, M.M.MANZIL, KULAPPALLYKOLLA, PANAVOOR P.O., NEDUMANGAD, THIRUVANANTHAPURAM – 695 568. R1 BY PUBLIC PROSECUTOR SRI. P.A. SALIM, R2 BY ADV. SRI.JELSON J.EDAMPADAM. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 11/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. M.SASIDHARAN NAMBIAR, J. -------------------------------------------------------- Crl.M.C No.4263 OF 2010 --------------------------------------------------------- Dated this the 11th day of November, 2010. O R D E R Petitioners are the accused. Second respondent is the de facto complainant in Crime No.375 of 2010 of Nedumangad Police Station registered for the offences under Sections 498 A and 506 (ii) r/w 34 of Indian Penal Code. Annexure-1 First Information Report was registered on a compliant filed before Judicial First Class Magistrate Court-II, Nedumangad and sent for investigation under Section 156(3) of Code of Criminal procedure. First petitioner and second respondent are husband and wife. Petition is filed under Section 482 of Code of Criminal Procedure to quash the FIR and further proceedings contending that entire matrimonial disputes were settled amicably as evidenced by Annexure-2 joint petition filed before the Family Court Nedummangad and, therefore, 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 entire matrimonial disputes were settled amicably and consequent to the settlement, it is not in the interest of justice to continue the prosecution. 3. Learned counsel appearing for petitioners, second Crl.M.C No.4263 OF 2010 2 respondent and learned Public Prosecutor were heard. 4. As held by Apex Court in B.S Joshi and others v.State of Haryana and another (2003 (4) SCC 675) when matrimonial disputes are settled amicably, it is not in the interest of justice to continue the prosecution and endanger the matrimonial relationship. The affidavit filed by the second respondent establishes that all matrimonial disputes were settled amicably. In such circumstances it is not in the interest of justice to continue the prosecution. Petition is allowed. Crime No.375 of 2010 of Nedumangad Police Station registered under Annexure-1 FIR is quashed. M.SASIDHARAN NAMBIAR, JUDGE mns