IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 1ST OCTOBER 2009 / 9TH ASWINA 1931 WP(C).No. 27117 of 2009(Q) -------------------------------------------- CMP.2321/2009 of J.M.F.C.-I, KOLLAM .................... PETITIONER: REGIBY GEORGE, D/O.GEORGE K.JACOB, AGED 30 YEARS, RESIDING AT VIJI NIVAS, KOTTIYAM PO, KOLLAM. BY ADV. SMT.K.KUSUMAM RESPONDENTs: 1. THE STATE OF KERALA, REP.BY PUBLIC PROSECUTOR. 2. ANIL RODRIGUEZ, S/O.ANSALAM RODRIGUEZ, AGED 33 YEARS, RESIDING AT ANIL DALE, MANGAD, KOLLAM. 3. MR.ANSALAM RODRIGUEZ, S/O.RODRIGUEZ, AGED ABOUT 68 YEARS, RESIDING AT do. do. 4. DOLLY RODRIGUEZ,W/O.ANSALAM RORIGUEZ, AGED 65 YEARS, RESIDING AT DO. DO. 5. REENA RODRIGUES @ REENA JOSEPH, AGED ABOUT 29 YEARS, RESIDING AT DO. DO. BY PUBLIC PROSECUTOR SRI.AMJAD ALI FOR R1 ADV. SRI.V.SUGATHAN FOR R2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.Sasidharan Nambiar, J. -------------------------- W.P.(C)No.27117 of 2009 Q -------------------------- JUDGMENT Based on Exhibit P1 complaint filed before Judicial First Class Magistrate's Court-I, Kollam, which was sent for investigation under Section 156 (3) of Code of Criminal Procedure, under Exhibit P2 FIR, Crime No.88/2009 of Kilikolloor Police Station was registered for the offences under Sections 420, 498A, 324 and 326 read with Section 34 of Indian Penal Code. The very same defacto complainant filed this petition under Section 482 of Code of Criminal Procedure to quash Exhibit P2 FIR contending that entire family disputes between the parties were settled before Family Court, Kollam under Exhibit P3 compromise petition filed in O.P.No.203/2009 and in view of the settlement, she is not interested in prosecuting the case against the accused further and hence, it is to be quashed. WOC 27117/09 2 2. Learned counsel appearing for the petitioner and learned Public Prosecutor were heard. 3. When defacto complainant herself filed this petition stating that entire matrimonial disputes and pending litigations before Family Court were settled between the parties and consequent to the settlement, she has no grievance against the accused and therefore, the case is to be quashed, I find it not in the interest of justice to continue the prosecution. In such circumstances, petition is allowed. Crime No.88/2009 of Kilikolloor Police Station, registered under Exhibit P2 FIR based on Exhibit P1 complaint, is quashed. 1st October, 2009 (M.Sasidharan Nambiar, Judge) tkv