IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A. BADHARUDEEN THURSDAY, THE 20^TH DAY OF JUNE 2024/30TH JYAISHTA, 1946 CRL.MC NO. 3860 OF 2024 CRIME NO.1440/2023 OF MATTANCHERRY POLICE STATION, ERNAKULAM CC NO.906 OF 2023 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, MATTANCHERY PETITIONERS/ACCUSED NOS.1 TO 4:

1 RIJAS AGED 36 YEARS, S/O BASHEER, MADAPPATTUPARAMBIL HOUSE, EDAPPALLY, EDAPPALLY P.O, ERNAKULAM DISTRICT NOW RESIDING AT NAIMANA PARAMBU HOUSE, 2/323K, K.K JUNCTION, NEERKODE, VARAPPUZHA, ALANGATTU, ERNAKULAM, PIN - 683511

2 SULEKHA SALIM AGED 59 YEARS, W/O SALIM, MADAPPATTUPARAMBIL HOUSE, EDAPPALLY, EDAPPALLY P.O, ERNAKULAM DISTRICT NOW RESIDING AT NAIMANA PARAMBU HOUSE, 2/323K, K.K JUNCTION, NEERKODE, VARAPPUZHA, ALANGATTU, ERNAKULAM, PIN - 683511

3 SALIM AGED 59 YEARS, S/O MUHAMMED SULTHAN, MADAPPATTUPARAMBIL HOUSE, EDAPPALLY, EDAPPALLY P.O, ERNAKULAM DISTRICT NOW RESIDING AT NAIMANA PARAMBU HOUSE, 2/323K, K.K JUNCTION, NEERKODE, VARAPPUZHA, ALANGATTU, ERNAKULAM., PIN - 683511

4 RIJEESHA AGED 33 YEARS D/O BASHEER, MADAPPATTUPARAMBIL HOUSE, VIA PADY, PONEKKARA, EDAPPALLY P.O, ERNAKULAM DISTRICT, PIN - 682041 BY ADVS.

ANILKUMAR C.R.

A.SIRJI RESPONDENTS/STATE/DEFACTO COMPLAINANT:

1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031

2 NAILA FAIZAL AGED 27 YEARS D/O FAIZAL, 12/210(C) KOCHIN COLLEGE ROAD, KOOVAPADAM, COCHIN, PIN - 682002 BY ADVS.

K.S.KIRAN KRISHNAN AMRUTHA M. NAIR SRI.RENJIT GEORGE, SR.PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 20.06.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

O R D E R

Dated this the 20^th day of June, 2024 This Criminal Miscellaneous Case has been filed under Section 482 of the Code of Criminal Procedure, 1973, to quash all further proceedings in C.C.No.906/2023 on the files of the Judicial First Class Magistrate Court, Mattanchery, arose out of Crime No.1440/2023 of Mattanchery Police Station, Ernakulam. The petitioners herein are accused Nos.1 to 4 in the above case.

2. Heard the learned counsel for the petitioners, the learned counsel appearing for the de facto complainant and the learned Public Prosecutor.

3. In this matter, offence punishable under Section

498A read with Section 34 of IPC is alleged to have been committed by the accused. The complainant is none other than the wife of the 1^st accused.

4. It is submitted that the matter has been amicably settled and the defacto complainant filed affidavit in this regard in a case involving matrimonial dispute.

5. The learned Public Prosecutor also submitted that the matter has been settled between the parties and statement of the de facto complainant to that effect has been recorded.

6. Since the dispute has been settled in between the parties, there is no reason to disallow the prayer for quashment, so as to facilitate peaceful living of the parties. Moreover, the dispute between the petitioners and the complainant is purely personal in nature and no public interest is involved. Therefore, in the interest of justice, I am inclined to allow this petition.

In the result, this petition stands allowed. All further proceedings in C.C.No.906/2023 on the files of the Judicial First Class Magistrate Court, Mattanchery, arose out of Crime No.1440/2023 of Mattanchery Police Station, Ernakulam, against the petitioners stand quashed.

Sd/-

A. BADHARUDEEN JUDGE nkr APPENDIX OF CRL.MC 3860/2024 PETITIONER ANNEXURES ANNEXURE-I A TRUE COPY OF THE FIR IN CRIME NO.

1440/2023 OF MATTANCHERY POLICE STATION, ERNAKULAM RURAL ANNEXURE-II THE CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO.1440/2023 OF MATTANCHERY POLICE STATION, ERNAKULAM RURAL NOW PENDING AS CC NO.906/2023 ON THE FILES OF JUDICIAL FIRST-CLASS MAGISTRATE COURT, MATTANCHERRY ANNEXURE-III THE AFFIDAVIT SWORN BY THE 2ND RESPONDENT DATED 24.04.2024 RESPONDENT ANNEXURES : NIL