IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 3806 of 2010()
1. ABDUL SALAM, S/O.YOUSUFF,
... Petitioner
2. AYISHA, W/O.YOUSUFF,
Vs
1. STATE OF KERALA REPRESENTED BY THE
... Respondent
2. C.V.FOUSIYA, D/O.USMAN,
For Petitioner :SRI.U.K.DEVIDAS
For Respondent :SRI.PRINSUN PHILIP
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :15/09/2010
O R D E R
M.SASIDHARAN NAMBIAR,J.
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CRL.M.C.NO.3806 OF 2010
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Dated 15th September, 2010
O R D E R
Petitioners are the accused and
second respondent, the de facto complainant
in crime No.77/2010 of Edacheri police
Station registered for the offences under
Sections 498A and 406 read with Section 34
of Indian Penal Code on Annexure-A FIR
based on Annexure-A5 complaint filed
before Judicial First Class Magistrate’s
Court, Vadakara and sent for investigation
under Section 156(3) of Code of Criminal
Procedure. Petition is filed under Section
482 of Code of Criminal Procedure to quash
the proceedings contending that entire
matrimonial disputes between the
petitioners and second respondent were
Crmc 3806/10
2
settled amicably and consequent to the
settlement second respondent has no grievance
against the petitioners and therefore, entire
proceedings is to be quashed.
2. Second respondent appeared through a
counsel and filed an affidavit stating that
after registration of the case on the complaint
filed by the second respondent, entire
matrimonial disputes were settled amicably and
consequent to the settlement second respondent
has no objection for quashing the proceedings.
3. Learned counsel appearing for the
petitioners, second respondent and learned
Public Prosecutor were heard.
4. Affidavit filed by the second
respondent establishes that entire matrimonial
disputes were settled amicably due to the
intervention of mediators subsequent to the
Crmc 3806/10
3
registration of the case. 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 continue the prosecution.
Petition is allowed. Crime No.77/2010 of
Edacheri Police Station is quashed.
M.SASIDHARAN NAMBIAR,
JUDGE.
uj.