IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 7TH APRIL 2010 / 17TH CHAITHRA 1932 Crl.MC.No. 1065 of 2010(E) ------------------------------------- (CRIME NO.104/2010 OF THE HOSDURG POLICE STATION) ............ PETITIONERS/ACCUSED NOS. 1 TO 5: ------------------------------------------------------ 1. MANZOOR.A.,S/O. KAREEM, RESIDING AT SAMEERA MANZIL, PAYYANKI, KAITHAKKAD, CHERUVATHUR AMSOM,HOSDUG TALUK, KASARAGOD DISTRICT. 2. KAREEM @ ABDUL KAREEM,S/O.ABDUL KHADER, RESIDING AT SAMEERA MANZIL, PAYYANKI, KAITHAKKAD, CHERUVATHUR AMSOM,HOSDUG TALUK, KASARAGOD DISTRICT. 3. KHADEEJA,W/O.KAREEM, RESIDING AT SAMEERA MANZIL, PAYYANKI, KAITHAKKAD, CHERUVATHUR AMSOM,HOSDUG TALUK, KASARAGOD DISTRICT. 4. SAMEERA, D/O.KAREEM, RESIDING AT SAMEERA MANZIL, PAYYANKI, KAITHAKKAD, CHERUVATHUR AMSOM,HOSDUG TALUK, KASARAGOD DISTRICT. 5. SHANSEER.A.,S/O.KAREEM, RESIDING AT SAMEERA MANZIL, PAYYANKI, KAITHAKKAD, CHERUVATHUR AMSOM,HOSDURG TALUK, KASARAGOD DISTRICT. BY ADV. MR.SUNNY MATHEW. RESPONDENTS: ------------------------ 1. RASHEEDA, D/O. ABDUL KHADER, MADAMBILATH HOUSE, BALLA BEACH, KANHANGAD. 2. STATE OF KERALA, THROUGH THE SUB INSPECTOR OF POLICE, HOSDURG POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 BY ADV. MR.K.H,SAKIR, R2 BY PUBLIC PROSECUTOR MR. I.B. PRAMOD. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 07/04/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No. 1065 OF 2010 =========================== Dated this the 7th day of April,2010 ORDER Petitioners are the accused and first respondent the de facto complainant in Crime No.104/2010 of Hosdurg Police Station registered for the offence under section 498A of Indian Penal Code on the complaint filed by the first respondent before the Judicial First Class Magistrate Court-I, Hosdurg and sent for investigation under section 156(3) of Code of Criminal Procedure. This petition is filed to quash the First Information Report 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. First respondent appeared and filed an affidavit stating that entire matrimonial Crl.M.C.1065/2010 2 disputes were settled amicably and consequent to the settlement, she has no objection for quashing the proceedings. 3. Learned counsel appearing for the petitioners, first respondent and learned Public Prosecutor were heard. 4. Annexure A1 F.I.R was registered based on the complaint filed by the first respondent against the petitioners alleging that they committed the offence under section 498A of Indian Penal Code. The affidavit filed by the first respondent establishes that entire matrimonial disputes were settled amicably with the first petitioner husband and she has no subsisting grievance against the petitioners. As held by the Apex Court in B.S. Joshi v. State of Haryana (2003) 4 SCC 675) when matrimonial disputes are settled amicably, it is not in the interest of justice to continue the prosecution by standing on technicalities. In such circumstances, it is not in the interest of justice to continue the prosecution. Crl.M.C.1065/2010 3 Petition is allowed. Crime No.104/2010 of Hosdurg 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