IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 846 of 2010()
1. ABDULLAHIL MUBARAK, AGED 30 YEARS,
... Petitioner
2. MAIMOONA A.P., AGED 50 YEARS,
Vs
1. STATE OF KERALA, REPRESENTED BY ITS
... Respondent
2. BUSHARA, AGED 29 YEARS,
For Petitioner :SRI.SANTHARAM.P
For Respondent :SRI.JOBI JOSE KONDODY
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :10/03/2010
O R D E R
M.SASIDHARAN NAMBIAR, J.
---------------------------
CRL.M.C. No. 846 OF 2010
--------------------------
Dated this the 10th day of March, 2010
O R D E R
The second petitioner de facto complainant filed a
complaint before Judicial First Class Magistrate-II, Thamarassery
alleging that petitioners committed offence under Sections 406 and
498 A read with Section 34 of Indian Penal Code. It was sent for
investigation under Section 156(3) of Code of Criminal Procedure.
Annexure-1 FIR was thus recorded based on the said complaint.
This petition is filed under Section 482 of Code of Criminal
Procedure to quash the FIR and further proceedings contending that
as evidenced by Annexure-2 agreement, entire matrimonial disputes
were amicably settled and in view of settlement, it is not in the
interest of Justice to continue the prosecution.
2 The second respondent appeared through a counsel and
filed a joint statement along with the petitioners stating that entire
matrimonial disputes were settled amicably and consequent to the
settlement, second respondent has no subsisting grievance against
the petitioners and therefore the proceedings are to be quashed.
3. Learned counsel appearing for the petitioners, second
Crl.M.C. No.846/2010
2
respondent and learned Public Prosecutor were heard.
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 to continue the prosecution.
The joint statement filed by the second respondent corroborated by
Annexure-2 agreement entered into by the first petitioner and the
second respondent establishes that all matrimonial disputes were
settled amicably. In such circumstances, it is not in the interest of
justice to stand on technicalities and continue the prosecution.
Petition is allowed. Annexure-1 FIR and Crime No.385/2009
of Mukkom Police Station is quashed.
M.SASIDHARAN NAMBIAR
(JUDGE)
vps
Crl.M.C. No.846/2010
3