IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 4TH OCTOBER 2010 / 12TH ASWINA 1932 Crl.MC.No. 4036 of 2010() ------------------------------------- CC.774/2009 of JUDL. MAGISTRATE OF FIRST CLASS COURT-IV, KOZHIKODE CRIME NO.110/2009 OF VANITHA POLICE STATION, KOZHIKODE. .................... PETITIONERS/ACCUSED ------------------------------------ 1. JABIR. V.M., S/O.ABDUL AZEES, AGED 34 YEARS, IX/83 P.C.HOUSE, CHAVAKKAD, PALAYOOR P.O., GURUVAYOOR, THRISSUR DISTRICT. 2. P.C. ABDUL AZEES, S/O.KUNAHBDULLA, AGED 67 YEARS, IX/83 P.C.HOUSE, CHAVAKKAD, PALAYOOR P.O., GURUVAYOOR, THRISSUR DISTRICT. 3. KHADEEJA, W/O.P.C.ABDUL AZEES, IX/83 P.C.HOUSE, CHAVAKKAD, PALAYOOR P.O., GURUVAYOOR, THRISSUR DISTRICT. BY ADV. SRI.M.MUHAMMED SHAFI RESPONDENTS/COMPLAINANT AND DEFACTO COMPLAINANT ---------------------------------------------------------------------------------------------- 1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. NASREEN, D/O.MUHAMMED ABDUL JALEEL, AGED 30 YEARS, B3 DREAM CITY APARTMENTS, NEAR BABY HOSPITAL, ARAYADATHUPALAM, KOZHIKODE DISTRICT. R1 BY PUBLIC PROSECUTOR SMT.M.K. PUSHPALATHA. R2 BY ADV. SRI.RAJAN KUDUMBATHIL. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 04/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. M.SASIDHARAN NAMBIAR,J. --------------------------------------------- CRL.M.C.NO.4036 OF 2010 --------------------------------------------- Dated 4th October, 2010 O R D E R Petitioners are the accused and second respondent, the de facto complainant in C.C.774/2009 on the file of Judicial First Class Magistrate's Court-IV, Kozhikode taken cognizance for the offence under Section 498 A and 406 read with Section 34 of Indian Penal Code on Annexure-A1 final report filed by the Sub Inspector of Police, Vanitha Police Station, Kozhikode in Crime No.110/2009. Crime itself was registered on a complaint filed by the second respondent before Judicial First Class Magistrate and sent for investigation under Section 156(3) of Code of Criminal Procedure. Petition is filed under Section 482 of Code of Criminal Procedure contending that entire matrimonial disputes were settled with Crmc 4036/10 2 second respondent, wife of the first petitioner and therefore, it is not in the interest of justice to continue the proceedings. 2. Second respondent appeared through a counsel and filed an affidavit stating that she has settled all the matrimonial disputes with the petitioners by Annexure-A2 agreement and consequent to the settlement, she has no objection for quashing the proceedings. 3. Learned counsel appearing for the petitioners, second respondent and learned Public Prosecutor were heard. 4. Annexure-A2 agreement entered into by the first petitioner husband and second respondent wife establishes that entire matrimonial disputes were settled amicably. Affidavit filed by the second respondent further establishes that consequent to the Crmc 4036/10 3 settlement of the matrimonial disputes, she has no subsisting grievance against the petitioners and therefore, case is to be quashed. 5. As held by the Apex Court in B.S.Joshi and others v. State of Haryana and another (2003(4) SCC 675) when matrimonial disputes were settled amicably between the husband and wife, it is not in the interest of justice to stand on technicalities and continue the proceedings and endanger the cordial relationship. In such circumstances, it is not in the interest of justice to continue the prosecution. Petition is allowed. C.C.774/2009 on the file of Judicial First Class Magistrate's Court-IV, Kozhikode is quashed. M.SASIDHARAN NAMBIAR, Crmc 4036/10 4 JUDGE. uj.