IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 4TH NOVEMBER 2009 / 13TH KARTHIKA 1931 Crl.MC.No. 3547 of 2009() ----------------------------------- CRIME NO.263/2009 OF KATHIROOR POLICE STATION, KATHIROOR, THALASSERY. ............... PETITIONERS/INFORMANT/ACCUSED 1 TO 4: --------------------------------------------------------------- 1. ANEESHA MUKHSID, W/O.MUKHSID, (D/O. AHAM ED), AGED 24, ANU HOUSE, ILLIKUNNU, NETTOOR, THALASSERY. 2. MUKHSID, S/O. POKKER, AGED 33, RESIDING AT K.C.A. HOUSE, KINAVAKKAL HOUSE, KOOTHUPARAMBU, THALASSERY. 3. C.P. POKKER, S/O. ABDU HAJI, AGED 65, DO.... 4. K.R. IYSHA, W/O. C.P. POKKER, AGED 50, DO... 5. P.A. RAHEENA, W/O. SIDDIQUE, AGE 23, DO... BY ADV. MR.K.S.MADHUSOODANAN MR.K.VISWAN MR.T.V.JAYAKUMAR NAMBOODIRI MR.THUSHAR NIRMAL SARATHY MR.M.M.VINOD KUMAR SMT.K.M.RAMYA RESPONDENTS/FORMAL PARTY/COMPLAINANT: ---------------------------------------------------------------------- 1. STATE OF KERALA TO BE REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. STATION HOUSE OFFICER, KATHIROOR POLICE STATION, KATHIROOR, THALASSERY. R1 & R2 BY PUBLIC PROSECUTOR MR.K.J. MUHAMMED ANSAR. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 04/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No.3547 OF 2009 =========================== Dated this the 4th day of November,2009 ORDER First petitioner is the de facto complainant and petitioners 2 to 5 are the accused in Crime 263/2009 of Kathiroor Police Station registered for the offences under sections 341,323, 324 and 498A read with section 34 of Indian Penal Code, on the First Information Statement of the first petitioner. First petitioner is the wife of the second petitioner. Petitioners 3 to 5 are the in-laws. This petition is jointly filed by the wife, husband and the in-laws to quash the proceedings contending that entire matrimonial disputes were settled amicably and they are living together and in such circumstances, it is not in the interest of justice to continue the prosecution. 2. Learned counsel appearing for the petitioners and the learned Public Prosecutor were heard. 3. As held by the Apex Court in B.S.Joshi v. State of Haryana (2003(4) SCC 675) when the matrimonial disputes were settled amicably between the husband and the wife it is not in the interest of justice to stand Crl.M.C.3547/2009 2 on technicalities to continue the prosecution. When the wife at whose instance the case was registered along with husband and in-laws who are the accused jointly filed this petition stating that the matrimonial disputes were settled amicably and they are living together, it is not in the interest of justice to continue the prosecution. Petition is allowed. Crime No.263/2009 of Kathiroor Police Station as against the petitioners is quashed. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006