IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 17TH DECEMBER 2010 / 26TH AGRAHAYANA 1932 Crl.MC.No. 4823 of 2010() ------------------------- CRIME NO. 1402/2010 OF THODUPUZHA POLICE STATION, IDUKKI ................................ PETITIONERS / ACCUSED 1 TO 4: ------------------------------------------------ 1. SHIBU, S/O. THOMAS, PAREKUNNEL VEEDU, ALAKKODE.P.O, KALAYATHANI, THODUPUZHA. 2. SHIJU, S/O. THOMAS, PAREKUNNEL VEEDU, ALAKKODE.P.O, KALAYATHANI, THODUPUZHA. 3. ELSAMMA, W/O. THOMAS, PAREKUNNEL VEEDU, ALAKKODE.P.O, KALAYATHANI, THODUPUZHA. 4. SHEEBA, W/O. SHAJI, MAKKOLIL VEEDU, OLAMATTAM, THODUPUZHA. BY ADV. SRI.MATHEW JOHN (K) RESPONDENTS / COMPLAINANT AND STATE: ------------------------------------------------------------------ 1. STATE OF KERALA, REPRESENTD BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, THODUPUZHA - 685 584. 3. SUBHI, W/O. SHIBU, PAREKUNNEL VEEDU, ALAKKODE.P.O, KALAYATHANI, THODUPUZHA - 685 588. R1 & R2 BY PUBLIC PROSECUTOR SRI. P.A. SALIM R3 BY ADV. SRI.DOMSON J.VATTAKUZHY THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 17/12/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No. 4823 OF 2010 =========================== Dated this the 17th day of December,2010 ORDER Petitioners are the accused and third respondent the de facto complainant in Crime 1402/2010 of Thodupuzha Police Station registered for the offences under sections 498A, 354 and 341 read with section 34 of Indian Penal Code on Annexure A F.I.R based on the First Information Statement of the third respondent. Petition is filed under section 482 of Code of Criminal Procedure to quash the proceedings contending that entire disputes were settled amicably and third respondent along with first petitioner set up separate residence and they are leading with a happy normal matrimonial life and in such circumstances it is not in the interest of justice to continue the prosecution. Crl.M.C.4823/2010 2 2. Third respondent appeared through a counsel and submitted that entire matrimonial disputes were settled and third respondent is now living with the first petitioner and third respondent has no grievance against the petitioners and therefore there is no objection for quashing the proceedings. 3. 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 and consequent to the settlement the husband and wife are living together under one roof , it is not in the interest of justice to stand on technicalities and continue the prosecution. As it is established that entire matrimonial disputes are settled and third respondent wife is residing with the first petitioner husband, it is not in the interest of justice to continue the prosecution. Petition is allowed. Crime 1402/2010 of Crl.M.C.4823/2010 3 Thodupuzha Police Station registered on Annexure A F.I.R. is quashed. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006