IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 4739 of 2010()
1. RASHEED, S/O.ABDULKHADER, AGED 26 YEARS,
... Petitioner
2. NAFEESA, W/O.ABDULKHADER, AGED 47 YEARS,
Vs
1. JASMINE, D/O.HAMSA, AGED 24 YEARS,
... Respondent
2. THE STATE OF KERALA,
For Petitioner :SRI.RAJESH CHAKYAT
For Respondent :SRI.P.R.ANANDAN
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :03/12/2010
O R D E R
M.SASIDHARAN NAMBIAR,J.
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CRL.M.C.NO.4739 OF 2010
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Dated 3rd December, 2010
O R D E R
Petitioners are the accused and
first respondent, the de facto complainant
in C.C.5037/2009 on the file of Judicial
First Class Magistrate’s Court,
Irinjalakuda now pending as L.P.21/2010.
First petitioner and first respondent are
husband and wife. Second petitioner is the
mother of the first petitioner. Learned
Magistrate has taken cognizance for the
offence under Section 498 A read with
Section 34 of Indian Penal Code on
Annexure-1 complaint against four accused.
Accused 3 and 4 were already discharged by
Annexure-2 order. Petition is filed under
Section 482 of Code of Criminal Procedure
Crmc 4739/10
2
to quash the proceedings against them
contending that entire matrimonial disputes
were settled amicably and hence, it is not in
the interest of justice to continue the
prosecution.
2. Petitioners along with first
respondent filed a petition seeking permission
to compound the offence contending that entire
matrimonial disputes were settled and
therefore, it is to be compounded. First
respondent has also filed separate affidavit
stating that she has settled all the
matrimonial disputes amicably and consequent to
the settlement, she has no objection for
quashing the proceedings.
3. Learned counsel appearing for the
petitioners, first respondent and learned
Public Prosecutor were heard.
Crmc 4739/10
3
4. 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 are settled amicably, it is not in the
interest of justice to stand on technicalities
and proceed with the prosecution. Affidavit
filed by the first respondent establishes that
she has settled all the matrimonial disputes
amicably. In such circumstances, it is not in
the interest of justice to continue the
prosecution.
Petition is allowed. L.P.21/2010 on the
file of Judicial First Class Magistrate’s
Court, Irinjalakuda is quashed.
M.SASIDHARAN NAMBIAR,
JUDGE.
uj.