IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 30TH SEPTEMBER 2009 / 8TH ASWINA 1931 Crl.MC.No. 2945 of 2009 --------------------------------------- CRIME NO.229/2009 OF KUTHUPARAMA POLICE STATION ............. PETITIONER/DEFACTO COMPLAINANT: K.P.RAHEENA, D/O.IBRAHIM, K.P.HOUSE, CHIRAVAKKATH, KANDAMKUNNU AMSOM, KAITHERI DESOM, NIRMALAGIRI P.O. BY ADV. SRI.CIBI THOMAS RESPONDENTS/ACCUSED AND STATE: 1. EDAVALATH SHAMSUDHEEN, S/O.SAROMMA A.V., MAITHUL RAMSHI, KOLUTHAPARAMBA, MOORIAD P.O., KOOTHUPARAMBA. 2. EDAVALATH SAROMMA, RESIDING AT DO. 3. EDAVALATH RAMLA, D/O.SAROMMA, DO.DO. 4. EDAVALATH RAMSHEENA, DO. DO. 5. EDAVALATH RIYAR, DO. DO. 6. UMMER, UMAIRA MANSIL, MOORIAD P.O., KOOTHUPARAMBA. 7. SUB INSPECTOR OF POLICE, KUTHUPARAMBA POLICE STATION. 8. STATE, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY ADV. SRI.P.K.ANIL FOR R1-6 BY PUBLIC PROSECUTOR SRI.AMJAD ALI FOR R7 & R8 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 30/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.2945 of 2009 -------------------------- ORDER Petitioner is the defacto complainant in Crime No.229/2009 of Kuthuparamba Police Station, registered for the offences under Sections 406, 420 and 498A read with Section 34 of Indian Penal Code on Annexure-I FIR. Respondents 1 to 6 are the accused. This petition is filed under Section 482 of Code of Criminal Procedure by the defacto complainant herself stating that the entire matrimonial disputes between the parties were settled and she is not interested in proceeding with the case and therefore, the case is to be quashed. 2.Learned counsel appearing for the petitioner, respondents 1 to 6 and learned Public Prosecutor were heard. 3. It is the defacto complainant herself who approached this Court to quash the proceedings CRMC 2945/09 2 contending that the entire matrimonial disputes between herself and respondents 1 to 6 were amicably settled. As held by the Apex Court in B.S.Joshi v. State of Haryana ((2003) 4 SCC 675), when the matrimonial disputes are amicably settled, it is not in the interest of justice to continue with the prosecution. Petition is allowed. Crime No.229/2009 of Kuthuparamba Police Station as against the accused is quashed. 30th September, 2009 (M.Sasidharan Nambiar, Judge) tkv