IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 4941 of 2010()
1. ABDUL HAMEED, S/O. KUNHIMOIDEENKUTTY,
... Petitioner
2. RAMLA, W/O. HAMZAKOYA,
3. MAIMOONA, W/O.SAIDALAVI,
Vs
1. STATE OF KERALA, REPRESENTED BY ITS
... Respondent
2. SAFIYA, D/O. KOMUKUTTY,
For Petitioner :SRI.K.P.SUDHEER
For Respondent :SRI.SANTHEEP ANKARATH
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :20/12/2010
O R D E R
M.SASIDHARAN NAMBIAR,J.
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CRL.M.C.NO.4941 OF 2010
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Dated 20th December, 2010
O R D E R
Petitioners are the accused and
second respondent, the de facto complainant
in C.C.646/2002 on the file of Judicial
First Class Magistrate’s Court,
Parappanangadi, taken cognizance for the
offence under Section 498 A read with
Section 34 of Indian Penal Code. First
petitioner is the husband and second
respondent, the wife. Petition is filed
under Section 482 of Code of Criminal
Procedure to quash the cognizance taken and
the proceedings pending before the learned
Magistrate contending that entire
matrimonial disputes were settled amicably
with the second respondent and hence, it is
Crmc 4941/10
2
not in the interest of justice to continue the
prosecution. Annexure-A4 agreement is produced
to show that the matter has been settled.
2. Second respondent appeared through a
counsel and filed an affidavit stating that
during the pendency of the case entire disputes
have been settled and Annexure-A4 agreement is
executed and in view of the settlement, she has
no objection for quashing the proceedings.
4. Learned counsel appearing for the
petitioners and second respondent and learned
Public Prosecutor were heard.
5. Affidavit filed by the second
respondent establishes that she has settled
all the matrimonial disputes with the
petitioners. As held by the Apex Court in
B.S.Joshi and others v. State of Haryana and
another (2003(4) SCC 675), when matrimonial
Crmc 4941/10
3
disputes are settled amicably, it is not in the
interest of justice to stand on technicalities
to continue the prosecution.
Petition is allowed. C.C.646/2002 on
the file of Judicial First Class Magistrate’s
Court, Parappanangadi is quashed.
M.SASIDHARAN NAMBIAR,
JUDGE.
uj.
