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. 3109 of 2009 --------------------------------------- CRIME NO.323/2009 OF TOWN NORTH POLICE STATION, PALAKKAD ........... PETITIONERS/ACCUSED: 1. M.A.SHIHABUDEEN, S/O.M.B.ABOOBACKER, AGED 29 YEARS, RESIDING AT, NEAR MELARUMBU U.P.SCHOOL, PALLIPURAM, PALAKKAD DISTRICT. 2. M.A.ABDUL ALAM, AGED 47, DO. DO. 3. SHAMLA, W/O.ABDUL ALAM, AGED 35 YEARS, DO. DO. 4. M.A.HANEEFA, S/O.M.B.ABOOBACKER, AGED 38 YEARS, DO. DO. 5. M.A.HASSAN, S/O.M.B.ABOOBACKER, AGED 40 YEARS, DO. DO. BY ADV. SRI.SURAJ.S RESPONDENTS/COMPLAINANT & STATE: 1. K.S.SAFNA, D/O.SAKEER HUSAIN, AGED 20 YEARS, RESIDING AT DOOR NO.21/360, STREET NO.2, VENAKKARA, PALAKKAD DIST. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY ADV. SRI.M.B.PRAJITH FOR R1 BY PUBLIC PROSECUTORSRI.AMJAD ALI FOR R2 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.3109 of 2009 -------------------------- ORDER Petitioners are the accused and first respondent, the defacto complainant in Crime No. 323/2009 of Town North Police Station, Palakkad, registered for the offence under Section 498A read with Section 34 of Indian Penal Code under Anenxure-A1 FIR. First respondent is the wife of the first petitioner. This petition is filed under Section 482 of Code of Criminal Procedure to quash Annexure-A1 FIR and the further proceedings initiated thereunder contending that the entire matrimonial disputes between the petitioners and first respondent were amicably settled. 2. First respondent appeared through a counsel and filed Annexure-A2 affidavit stating that entire matrimonial disputes were amicably settled and in such circumstances, she is not interested in proceeding with the case further and she has no CRMC 3109/09 2 objection for quashing the proceedings. 3. Learned counsel appearing for the petitioners, first respondent and learned Public Prosecutor were heard. 4. Annexure-A1 FIR shows that petitioners are being investigated for the matrimonial offence. Annexure-A2 affidavit of the first respondent establishes that there is an amicable settlement of all the matrimonial disputes. In such circumstances, as held by the Apex Court in B.S.Joshi v. State of Haryana ((2003) 4 SCC 675), it is not in the interest of justice to continue with the prosecution. Petition is allowed. Crime No.323/2009 of Town North Police Station, Palakkad as against the petitioners is quashed. 30th September, 2009 (M.Sasidharan Nambiar, Judge) tkv