IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 16TH NOVEMBER 2010 / 25TH KARTHIKA 1932 Crl.MC.No. 4200 of 2010 (F) ------------------------- (CRIME NO.983/2010 OF MATHILAKAM POLICE STATION) PETITIONER: ------------------- MUHAMMED SAGEER, AGED 39 YEARS, BUSINESS, S/O. ALIKUNJI, KATTAKATH MULANGATT HOUSE PATHAZHAKKAD.P.O., SREE NARAYANAPURAM VILLAGE, KODUNGALLUR TALUK, THRISSUR DISTRICT. BY ADVS. SRI.BABU KARUKAPADATH SMT.M.A.VAHEEDA BABU SRI.K.A.NOUSHAD SRI.P.G.PRAMOD SRI.RAHUL KANDAMPULLY RESPONDENTS: ------------------------ 1. SHAMNA, D/O. ABDUL AZEEZ, PADIYATH HOUSE ERIYAD DESOM, ERIYAD.P.O., ERIYAD VILLAGE, KODUNGALLUR TALUK, THRISSUR DISTRICT PIN 680 664. 2. STATE OF KERALA, REPRESENTED BY SUB-INSPECTOR OF POLICE, MATHILAKAM (FIR NO. 983/2010) POLICE STATION, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM – 31. R1 BY ADV. SRI.M.SHAJU PURUSHOTHAMAN R2 BY PUBLIC PROSECUTOR, SRI.I.V.PRAMOD THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 16/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: VK M.SASIDHARAN NAMBIAR, J. -------------------------------------------------------- Crl.M.C No.4200 OF 2010 --------------------------------------------------------- Dated this the 16th day of November, 2010. O R D E R Petitioner and first respondent are husband and wife. Petitioner is the accused and first respondent, the de facto complainant in Crime No.983 of 2010 of Mathilakam Police Station registered for the offences under Sections 406 and 498 (A) of Indian Penal Code on Annexure-2 FIR. Petition is filed under Section 482 of Code of Criminal Procedure, contending that the case was registered based on Annexure-1 complaint filed before Judicial First Class Magistrate Court, Kodungallur and send for investigation under Section 156 (3) of code of Criminal Procedure and subsequently all matrimonial disputes were settled amicably under Annexure-3 settlement and, therefore, it is not in the interest of justice to continue the prosecution. 2. First respondent appeared through a counsel and filed an affidavit stating that she has settled all the matrimonial disputes amicably with the petitioner and consequent to the settlement she has no objection for quashing the proceedings. 3. Learned counsel appearing for the petitioner, first respondent and learned Public Prosecutor were heard. 4. As held by the Apex Court in B.S Joshi and others v. Crl.M.C No.4200 OF 2010 2 State of Haryana and another (2003 (4) SCC 675) when matrimonial disputes are settled amicably, it is not in the interest of justice to continue the prosecution. The affidavit filed by first respondent establishes that all matrimonial disputes were settled amiably. Hence it is not in the interest of justice to continue the prosecution. Petition is allowed. Crime No. 983 of 2010 of Mathilakam Police Station registered under Annexure-2 FIR is quashed. M.SASIDHARAN NAMBIAR, JUDGE. mns