IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 2967 of 2009()
1. ABDUL FATHAH, S/O.ABDUL RAHIMANKUTTY,
... Petitioner
2. ABDUL RAHIMANKUTTY, S/O.KUNJU MUHAMMED,
3. SHAHIDA @ MARIUMMA, W/O.ADBUL
4. SALMA JALEELA, W/O.IQBAL,A1-FATHAH HOUSE
5. SHAMEELA, W/O.FIROZ, AL-FATHAH HOUSE,
Vs
1. STATE OF KERALA, REPRESENTED BY THE
... Respondent
2. THE SUB INSPECTOR OF POLICE,
For Petitioner :SRI.K.B.ARUNKUMAR
For Respondent :SRI.RANJIT BABU
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :14/09/2009
O R D E R
M.SASIDHARAN NAMBIAR,J.
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CRL.M.C.NO.2967 OF 2009
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Dated 14th September 2009
O R D E R
Petitioners are accused and third respondent
the defacto complainant in C.C.743/2008 on the file of
Judicial First Class Magistrate, Pattambi. Under
Annexure-II final report submitted by the Sub
Inspector of Police, Chalissery police station,
learned Magistrate has taken cognizance under Section
498 A read with section 34 of Indian Penal Code as
against the petitioners. This petition is filed under
Section 482 of Code of Criminal Procedure to quash the
proceedings contending that the entire disputes
between petitioners and third respondent were amicably
settled under Annexure-III agreement and third
respondent has no grievance against the petitioners
and has no objection for quashing the proceedings and
in view of the settlement, it is not necessary to
continue the proceedings.
2. Third respondent appeared through a
counsel and filed affidavit stating that there was a
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settlement of all the disputes between the
petitioners and third respondent evidenced by
Annexure-III agreement and in view of the settlement
third respondent has no objection for quashing the
proceedings.
3. First petitioner and third respondent
were husband and wife. Annexure-III shows that disputes
were settled and marriage was dissolved and third
respondent was given all the benefits available to her
and pursuant to the settlement third respondent has
agreed to file an affidavit before this court when
petitioners file an application to quash the
proceedings in C.C.743/2008. Evidently the affidavit is
filed as agreed to under Annexure-III agreement.
4. Learned counsel appearing for petitioners, third respondent and learned Public Prosecutor were heard.
5. Affidavit of third respondent with
Annexure-III agreement shows that the entire
matrimonial disputes between petitioners and third
respondent were settled amicably. In view of the
amicable settlement of matrimonial disputes, it is not
in the interest of justice to continue the proceedings
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as held by the Apex court in B.S.Joshi and others v.
State of Haryana and another (2003(4) SCC 675) as in
view of the settlement there is no likelihood of a
successful prosecution. In such circumstances, the
proceedings can only be quashed.
Petition is allowed. C.C.743/2008 on the file
of Judicial First Class Magistrate, Pattambi is
quashed.
M.SASIDHARAN NAMBIAR,
JUDGE.
uj.