IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 23RD NOVEMBER 2010 / 2ND AGRAHAYANA 1932 Crl.MC.No. 4618 of 2010() ------------------------- CC.377/2010 of JUDL.MAGISTRATE OF FIRST CLASS-I, THAMARASSERY .................... PETITIONER(S): ACCUSED 1 TO 4: ---------------------------------------------------- 1. MUJEEB, AGED 38 YEARS, S/O. ABDUL RAHIM, CHATHOTHUMKARA VEEDU, NADUVALLOOR, 11/2, KAKKOOR, KOZHIKODE. 2. ABDUL RAHIM, S/O. CHEKU, AGED 70 YEARS, CHATHOTHUMKARA VEEDU, NADUVALLOOR, 11/2, KAKKOOR, KOZHIKODE. 3. SAFIYA, AGED 65 YEARS, W/O. ABDUL RAHIM, CHATHOTHUMKARA VEEDU, NADUVALLOOR, 11/2, KAKKOOR, KOZHIKODE. 4. HASHIM, AGED 42 YEARS, S/O. ABDUL RAHIM, CHATHOTHUMKARA VEEDU, NADUVALLOOR, 11/2, KAKKOOR, KOZHIKODE. BY ADV. SRI.VINOD SINGH CHERIYAN RESPONDENT(S): COMPLAINANT: ---------------------------------------------------- 1. THE SUB INSPECTOR OF POLICE, KODUVALLY POLICE STATION, KOZHIKODE, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SAKEENA, D/O. PAREETH, AGED 28 YEARS, VAVATTUCHALIYIL VEEDU, PANNIKOTTOOR POST, KOZHIKODE. R1 BY PUBLIC PROSECUTOR SRI. I.V. PRAMOD R2 BY ADV. SRI.R.SUDHISH THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.4618 of 2010 -------------------------- ORDER Petitioners are the accused and second respondent, the defacto complainant in C.C.No. 377/2010 on the file of Judicial First Class Magistrate's Court-I, Thamarassery, taken cognizance for the offences under Sections 406 and 498A read with Section 34 of Indian Penal Code on Annexure-A2 final report submitted by Sub Inspector of Police, Koduvally Police Station in Crime No. 213/2010. That crime was registered based on Annexure-A1 complaint filed by the second respondent before Judicial First Class Magistrate's Court-I, Thamarassery and sent for investigation under Section 156(3) of Code of Criminal Procedure. This petition is filed under Section 482 of Code of Criminal Procedure to quash the proceedings contending that entire matrimonial disputes were settled amicably and consequent to the settlement, CRMC 4618/10 2 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, she has no subsisting grievance against the petitioners and therefore, she has no objection for quashing the proceedings. 3. Learned counsel appearing for the petitioners, second respondent and learned Public Prosecutor were heard. 4. As held by the Apex Court in B.S.Joshi v. State of Haryana ((2003) 4 SCC 675), when the matrimonial disputes are settled amicably, it is not in the interest of justice to continue the prosecution. The affidavit filed by the second respondent establishes that entire matrimonial disputes were settled amicably. In such circumstances, it is not in the interest of justice to continue the prosecution. CRMC 4618/10 3 Petition is allowed. C.C.No.377/2010 on the file of Judicial First Class Magistrate's Court-I, Thamarassery is quashed. 23rd November, 2010 (M.Sasidharan Nambiar, Judge) tkv