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. 1201 of 2010() ------------------------- CP.13/2010 of JUDL. MAGISTRATE OF FIRST CLASS-III, KOZHIKODE .................... (CRIME NO.81 OF 2009 OF KAKKUR POLICE STATION) PETITIONER(S): ACCUSED/DEFACTO COMPLAINANT: ------------------------------------------------------------------------------- 1. MUHAMMED SHAFI P.T., S/O.ABUBAKKAR MASTER, AGED 35 YEARS, POOVATHOTTUKAYIL HOUSE, KIZHAKKOTHU P.O., KODUVALLI VIA, KOZHIKODE DISTRICT. 2. PATHUMMA ALIAS PATHUMMAKUTTY P.T., W/O.ABUBAKKAR MASTER,AGED 52 YEARS, POOVATHOTTUKAYIL HOUSE, KIZHAKKOTHU P.O., KODUVALLI VIA, KOZHIKODE DISTRICT. 3. ABUBACKAR MASTER P.T., S/O.ABUBAKKAR MASTER, AGED 63 YEARS, POOVATHOTTUKAYIL HOUSE, KIZHAKKOTHU P.O., KODUVALLI VIA, KOZHIKODE DISTRICT. 4. JASEENA.K., D/O.UMMAR, AGED 27 YEARS, KANIYATTU HOUSE, PULLALLUR P.O. NARIKKUNI VIA, KOZHIKODE DISTRICT. BY ADV. MR.K.M.FIROZ RESPONDENT(S): STATE: --------------------------------------- THE STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, KAKKUR POLICE STATION REPRESENTED BY, PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 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: Kss M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No. 1201 OF 2010 =========================== Dated this the 7th day of April,2010 ORDER First petitioner is the husband and fourth petitioner the wife. Petitioners 2 and 3 are the parents of the first petitioner. Fourth petitioner is the de facto complainant and petitioners 1 to 3 are the accused in C.P.13/2010 on the file of Judicial First Class Magistrate's Court-III, Kozhikode taken cognizance for the offences under sections 323, 406,498A and 313 read with section 34 of Indian Penal Code on Annexure A1 final report. Prosecution case is that first petitioner married the fourth petitioner on 30.5.1999 and while they were living as husband and wife first petitioner obtained the gold ornaments given to the fourth petitioner by her parents and sold them under the pretext that the Crl.M.C.1201/2010 2 amount will be utilised for purchasing property in the name of the fourth petitioner, but in breach of trust, first petitioner misappropriated the same and thereafter treated her with cruelty demanding more dowry and physically treated her with cruelty and without her consent fourth petitioner she was compelled to consume medicine for abortion and thereby caused miscarriage and committed the offences. Petition is filed jointly by the de facto complainant and the accused contending that entire disputes were settled amicably and consequent to the settlement, it is not in the interest of justice to continue the prosecution. 2. Fourth petitioner filed a separate affidavit stating that she has settled all the matrimonial disputes with the petitioners and consequent to the settlement, it is not in the interest of justice to continue the prosecution. 3. Learned counsel appearing for the petitioners and learned Public Prosecutor were heard. Crl.M.C.1201/2010 3 4. The offences alleged against the petitioners are matrimonial offences. Though an offence under section 313 of IPC is also alleged, it is based on the allegation that without the consent of the fourth petitioner she was compelled to consume medicine for abortion and thereby caused miscarriage. The affidavit filed by the fourth petitioner establishes that the entire disputes were settled and consequent to the settlement even if petitioners are to be tried, there is no likelihood of a successful prosecution. As held by the Apex Court in Madan Mohan Abbot v. State of Punjab(2008(3) KLT 19, Manoj Sharma v. State (2008 (4) KLT 417 and B.S. Joshi v. State of Haryana (2003) 4 SCC 675) when the matrimonial offences are settled amicably and all the disputes were settled and consequent to the settlement, there is no chance of a successful prosecution, it is not in the interest of justice to continue the prosecution. Petition is allowed. C.P.13/2010 on the file Crl.M.C.1201/2010 4 of Judicial First Class Magistrate's Court-III, Kozhikode is quashed. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006