IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 8TH APRIL 2009 / 18TH CHAITHRA 1931 Crl.MC.No. 1333 of 2009() ------------------------- (CRIME NO. 165/2008 OF CHATHANOOR POLICE STATION ON THE FILE OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT, PARAVOOR. PETITIONER(S)/ ACCUSED 1 TO 3 ----------------------------- 1. JAHAMGEER, S/O.NOORMUHAMMAD, PARAVILAVEEDU, KLAPPADAMCHERRY, NEDUMPANA VILLAGE, KOLLAM. 2. AISHABEEVI, W/O.NOORMUHAMMAD, PARAVILAVEEDU, KLAPPADAMCHERRY, NEDUMPANA VILLAGE, KOLLAM. 3. NASEERA, D/O.AISHABEEVI, PARAVILAVEEDU, KLAPPADAMCHERRY, NEDUMPANA VILLAGE, KOLLAM. BY ADVS. SRI. K.SHAJ SRI. REXY ELIZABETH THOMAS RESPONDENT(S): STATE AND DEFACTO COMPLAINANT -------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SHEEBA, D/O.RAMLABEEVI, SHEEBA HOUSE, KLAPPADAMCHERRY, NEDUMPANA VILLAGE, KOLLAM. PUBLIC PROSECUTOR SRI. AMJAD ALI ADV. SRI.SYAM J. SAM FOR R2 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 08/04/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J ----------------------- CRL.M.C.No. 1333 OF 2009 --------------------------------- Dated this the 8th day of April, 2009 O R D E R This petition is filed with a prayer to quash all proceedings in FIR 165/2008 of Chathanoor Police Station on the file of the Judicial First Class Magistrate Court, Paravoor. The petitioners are accused under Section 498(A) of the IPC. The 2nd respondent is the defacto complainant. The matter has been settled between the petitioners and the defacto complainant. It is submitted that the defacto complainant does not have any grievance and that she is residing along with husband namely the 1st petitioner. Relying upon the decision reported in B.S. Joshi and others v. State of Haryana and another [2003 (4) SCC 675], the settlement of matrimonial disputes are to be encouraged and technicalities not to stand in the way of settlement. I feel that when the parties i.e husband and wife had joined and started living together, it may not be correct to direct them to face a criminal trial. Therefore invoking the power under Section 482 of Crl.PC, I quash all further proceedings in Crime No. 165/2008 of the Chathannoor Police Station. The Crl.M.C is allowed. M.N. KRISHNAN, JUDGE vkm