IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 15TH SEPTEMBER 2010 / 24TH BHADRA 1932 Crl.MC.No. 3806 of 2010() ------------------------ CRIME NO. 77/2010 OF EDACHERI POLICE STATION, KOZHIKODE ................................................ PETITIONERS/ACCUSED : ---------------------------------- 1. ABDUL SALAM, S/O.YOUSUFF, VEEROLI HOUSE, KUNNUMMAKARA, VATAKARA TALUK, KOZHIKODE DISTRICT. 2. AYISHA, W/O.YOUSUFF, VEEROLI HOUSE, KUNNUMMAKARA, VATAKARA TALUK, KOZHIKODE DISTRICT. BY ADV. SRI.U.K.DEVIDAS RESPONDENTS/COMPLAINANT/STATE : -------------------------------------------------------- 1. STATE OF KERALA REPRESENTED BY THE S.I. OF POLICE, EDACHERI THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. C.V.FOUSIYA, D/O.USMAN, CHAMUNDITHAZHA HOUSE, AZHIYOOR VILLAGE, AZHIYOOR P.O., VATAKARA TALUK, MALAPPURAM DISTRICT. R1 BY PUBLIC PROSECUTOR SMT. M.K. PUSHPALATHA R2 BY ADV. SRI.PRINSUN PHILIP THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 15/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn M.SASIDHARAN NAMBIAR,J. --------------------------------------------- CRL.M.C.NO.3806 OF 2010 --------------------------------------------- Dated 15th September, 2010 O R D E R Petitioners are the accused and second respondent, the de facto complainant in crime No.77/2010 of Edacheri police Station registered for the offences under Sections 498A and 406 read with Section 34 of Indian Penal Code on Annexure-A FIR based on Annexure-A5 complaint filed before Judicial First Class Magistrate's Court, Vadakara and sent for investigation under Section 156(3) of Code of Criminal Procedure. Petition is filed under Section 482 of Code of Criminal Procedure to quash the proceedings contending that entire matrimonial disputes between the petitioners and second respondent were Crmc 3806/10 2 settled amicably and consequent to the settlement second respondent has no grievance against the petitioners and therefore, entire proceedings is to be quashed. 2. Second respondent appeared through a counsel and filed an affidavit stating that after registration of the case on the complaint filed by the second respondent, entire matrimonial disputes were settled amicably and consequent to the settlement second respondent has no objection for quashing the proceedings. 3. Learned counsel appearing for the petitioners, second respondent and learned Public Prosecutor were heard. 4. Affidavit filed by the second respondent establishes that entire matrimonial disputes were settled amicably due to the intervention of mediators subsequent to the Crmc 3806/10 3 registration of the case. As held by the 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 stand on technicalities and continue the prosecution. Petition is allowed. Crime No.77/2010 of Edacheri Police Station is quashed. M.SASIDHARAN NAMBIAR, JUDGE. uj.