IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 15TH DECEMBER 2010 / 24TH AGRAHAYANA 1932 Crl.MC.No. 4904 of 2010() ------------------------- CC.1423/2008 of JUDL.MAGISTRATE OF FIRST CLASS-III, PUNALUR .................... PETITIONER(S): ACCUSED ( 1 to 4): ---------------------------------------------------- 1. KANNAN P., S/O. K.PARTHAN, AKSHARA, NEAR SIVAN KOVIL, PUNALUR P.O., PUNALUR. 2. PARTHAN, S/O. DIVAKARAN, AKSHARA, NEAR SIVAN KOVIL, PUNALUR P.O., PUNALUR. 3. ANANDHAVALLY, W/O. PARTHAN, AKSHARA, NEAR SIVAN KOVIL, PUNALUR P.O., PUNALUR. 4. ARYAN @ NANUKUTTAN, S/O. PARTHAN, AKSHARA, NEAR SIVAN KOVIL, PUNALUR P.O., PUNALUR. BY ADVS. SRI.MANOJ RAMASWAMY, SMT.MERIL MUTHU P.JOHN. RESPONDENT(S): STATE & DE-FACTO COMPLAINANT: ---------------------------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, COCHIN - 31. 2. AHALYA SUNDARAM, D/O. P.SUNDARAM, USHAS, ANUPAMA NAGAR, PONGUMOODU, THIRUVANANTHAPURAM-696 018. R1 BY PUBLIC PROSECUTOR SRI. I.V.PRAMOD R2 BY ADV. SRI.K.T.THOMAS (KANNAMPALLIL) THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 15/12/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.SASIDHARAN NAMBIAR,J. ---------------------------------- Crl.M.C. No. 4904 of 2010 --------------------------------- Dated this the 15th day of December, 2010 ORDER Petitioners are the accused in C.C.No.1423/2008 on the file of Judicial First Class Magistrate Court-III, Punalur taken cognizance for the offence puishable under Section 498-A IPC on Annexure-A2 final report. Petition is filed under Section 482 of Code of Criminal Procedure, contending that entire matrimonial disputes were settled amicably and consequent to the settlement, second respondent has no grievance against the petitioner and hence it is not in the interest of justice to continue the prosecution. 2. Second respondent appeared through a counsel and filed a joint petition along with the petitioners stating that they have settled all the matrimonial disputes amicably and consequent to the settlement, second respondent has no objection for quashing the case. 3. Learned counsel appearing for the petitioners, second respondent and learned Public Prosecutor were heard. Crl.M.C. No. 4904 of 2010 2 4. As held by the Apex Court in B.S.Joshi and others V.State of Hariyana and another (2003 (4) SC 675), when matrimonial disputes are settled amicably, it is not in the interest of justice to continue the prosecution standing on technicalities. Joint statement filed by the second respondent along with the petitioners establishes that second respondent has amicably settled all the matrimonial disputes. In such circumstances, it is not in the interest of justice to continue the prosecution. Petition is allowed. C.C.No.1423/2008 of Judicial First Class Magistrate Court-III, Punalur is quashed. M.SASIDHARAN NAMBIAR,JUDGE. ln