IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 23RD NOVEMBER 2009 / 2ND AGRAHAYANA 1931 Crl.MC.No. 3594 of 2009() ------------------------------------ CRIME NO.513/2009 OF VATAKARA POLICE STATION. .......................... PETITIONER/ACCUSED: --------------------------------- 1. NASEER, S/O.MUSTHAFA, CHETTAYIL HOUSE, MUTTANGAL P.O., VADAKARA. 2. MUSTHAFA, S/O.HUSSAN, CHETTAYIL HOUSE, MUTTANGAL P.O., VADAKARA. 3. SUBAIDA, W/O.MUSTHAFA, CHETTAYIL HOUSE, MUTTANGAL P.O., VADAKARA. 4. JASEELA, D/O.MSTHAFA, CHETTAYIL HOUSE, MUTTANGAL P.O., VADAKARA. BY ADV. MR.ZUBAIR PULIKKOOL RESPONDENTS/COMPLAINANT & STATE: ----------------------------------------------------------- 1. RISHANA, D/O.KAREEM, PANANGATTU MEETHAL HOUSE, CHERODU P.O., VADAKARA. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R2 BY PUBLIC PROSECUTOR MR.S.U. NAZAR. R1 BY ADV. MR.SAJEEVAN KURUKKUTTIYULLATHIL THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No.3594 OF 2009 =========================== Dated this the 23rd day of November,2009 ORDER Petitioners are the accused and first respondent the de facto complainant in Crime No.513/2009 of Vatakara Police Station registered for the offence under sections 498A, 406, 354 read with section 34 of Indian Penal Code. First respondent is the wife of the first petitioner. Case was registered on Annexure I complaint, filed before the Judicial First Class Magistrate, Vatakara and sent for investigation under section 156(3) of the Code of Criminal Procedure. In addition to the offence under section 406 and 498A as against all the accused, there is a specific allegation of commission of an offence under section 354 of Indian Penal Code as against the second petitioner, the father of the petitioner. This petition is filed under section 482 of Code of Criminal Procedure to quash the F.I.R and all the proceedings initiated under Annexure I complaint contending that in view of the settlement of all the disputes between the parties, it is not in the interest of justice to continue the prosecution. Crl.M.C.3594/2009 2 2. Second respondent appeared through a counsel and filed a statement to the effect that all the disputes with the petitioners were settled and in view of the ssettlement she has no grievance against the petitioners and therefore she has no objection for quashing the case. Second respondent specifically stated that even as against the second petitioner, she has no grievance and the dispute was settled. 3. Learned counsel appearing for the petitioners, first respondent and the learned Public Prosecutor were heard. 4. The affidavit filed by the second respondent with Annexure II agreement entered into by the first petitioner and the first respondent show that the entire matrimonial disputes, as well as the bailable offence alleged under section 354 of Indian Penal Code as against the second petitioner, were settled amicably. As held by the Apex Court in B.S. Joshi v. State of Haryana (2003(4) SCC 675) when the matrimonial disputes are settled amicably, it is not in the interest of justice to continue the prosecution. Petition is allowed. Crime 513/2009 on the file of Vatakara Police Station is quashed. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006