IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 7TH APRIL 2010 / 17TH CHAITHRA 1932 Crl.MC.No. 1195 of 2010() ------------------------- CC.834/2009 of JUDL. MAGISTRATE OF FIRST CLASS, KUNNAMANGALAM .................... PETITIONER(S): ------------------------ 1. SALIM SIKKANDER, S/O.SHABEER AHAMMAD, ZABITHA MANZIL,KAMMANA PARAMBIL,' P.O.MAYANAD, NOW RESIDING AT P.O.BOX NO.113309, INFINITY TRAVELS, ABUDABI , U.A,E 2. SHABEER AHAMMAD A, S/O.ABU, ZABITHA MANZIL, KAMMANA PARAMBIL, P.O.MAYANAD, KOZHIKODE DISTRICT. 3. ZUBAIDA, W/O.SHABEER AHAMMAD, ZABITHA MANZIL, KAMMANA PARAMBIL, P.O.MAYANAD, KOZHIKODE DISTRICT. BY ADV. MR.SUNNY MATHEW RESPONDENT(S): --------------------------- 1. REJULA P.V., W/O.SALIM SIKKANDER, NOW RESIDING AT C/O.SALIM SIKKANDER, P.O. BOX NO,113309, INFINITY TRAVELS , ABUDABI, U.A.E. 2. STATE OF KERALA THROUGH THE SUB INSPECTOR OF POLICE, MEDICAL COLLEGE POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 BY ADV. MR.SAKIR.K.H. R2 BY PUBLIC PROSECUTOR MR. I.B.PRAMOD THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 07/04/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No. 1195 OF 2010 =========================== Dated this the 7th day of April,2010 ORDER Petitioners are the accused and first respondent the de facto complainant in C.C.834/2009 on the file of Judicial First Class Magistrate's Court, Kunnamangalam taken cognizance for the offences under sections 498A and 406 read with section 34 of Indian Penal Code on Annexure A1 final report. First petitioner is the husband and first respondent his wife. Petitioners 2 and 3 are the parents of the first petitioner. This petition is filed under section 482 of the Code of Criminal Procedure to quash the proceedings contending that entire matrimonial disputes were settled amicably. 2. First respondent appeared through a counsel and filed a joint petition with the Crl.M.C.1195/2010 2 petitioners stating that they have settled all the matrimonial disputes and first petitioner and the first respondent are now living as husband and wife cordially and therefore to maintain the matrimonial cordiality it is not in the interest of justice to continue the prosecution. 3. Learned counsel appearing for the petitioners, first respondent and learned Public Prosecutor were heard. 4. The joint statement filed by the petitioners with the first respondent establishes that entire matrimonial disputes were settled amicably and the husband and wife are now living together cordially. As held by the Apex Court in B.S. Joshi v. State of Haryana (2003) 4 SCC 675) when matrimonial disputes are settled amicably, it is not in the interest of justice to continue the prosecution standing on technicalities. Petition is allowed. C.C.834/2009 on the file of Judicial First Class Magistrate's Court, Kunnamangalam is quashed. M.SASIDHARAN NAMBIAR JUDGE tpl/- Crl.M.C.1195/2010 3 M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006