IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 23RD NOVEMBER 2010 / 2ND AGRAHAYANA 1932 Crl.MC.No. 4353 of 2010() ------------------------------------- C.C.2091/2006 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-I, THIRUVANANTHAPURAM. ................... PETITIONERS/ACCUSED ------------------------------------ 1. R. ANILKUMAR DAS, AGED 41 YEARS, S/O.K.R. DAS, HOUSE NO.703, GEETHANJALI, SANKAR NAGAR, KAIMANAM P.O., NEMOM VILLAGE, TRIVANDRUM. 2. LAKSHMI DAS, W/O.K.R.DAS, HOUSE NO.703, GEETHANJALI, SANKAR NAGAR, KAIMANAM P.O., NEMOM VILLAGE, TRIVANDRUM. 3. N. RAVEENDRA DAS, S/O.N.R.DAS, HOUSE NO.703,GEETHANJALI, SANKAR NAGAR, KAIMANAM P.O.,NEMOM VILLAGE, TRIVANDRUM. BY ADV. SRI.R.S.KALKURA, SRI.M.S. KALESH, SRI.HARISH GOPINATH, SRI.VINAY MENON V., SRI.AJAY M. RESPONDENTS/COMPLAINANTS ------------------------------------------------ 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SABARI @ MAYA, AGED 35, D/O.S. SUKUMARAN NAIR, RESIDING AT SABARI, S.P.3/381, GANDHIPURAM, SREEKARYAM, TRIVANDRUM. R1 BY PUBLIC PROSECUTOR MR.P.A. SALIM. R2 BY ADV. SRI.BOBBY MATHEW KOOTHATTUKULAM THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.4353 of 2010 -------------------------- ORDER Petitioners are the accused and second respondent, the defacto complainant in C.C.No. 2091/2006 on the file of Judicial First Class Magistrate's Court-I, Thiruvananthapuram on Annexure-B final report submitted in Crime No. 79/2006 of Karamana Police Station. That crime was registered based on Annexure-A complaint filed by the second respondent before Judicial First Class Magistrate's Court-I, Thiruvananthapuram and sent for investigation under Section 156(3) of Code of Criminal Procedure. This petition is filed under Section 482 of Code of Criminal Procedure contending that entire matrimonial disputes were settled amicably, evidenced by Annexure-C joint petition filed before this Court in Mat.Appeal No. 572/2010. In Annexure-C joint petition, second respondent had declared that she will not prosecute CRMC 4353/10 2 the complaint in C.C.No.2091/2006 and had undertaken to take appropriate steps to get the said case withdrawn. 2. Second respondent appeared through a counsel and filed an affidavit stating that entire matrimonial disputes were settled amicably and consequent to the settlement, it is not in the interest of justice to continue the prosecution. 3. Learned counsel appearing for the petitioners, second respondent and learned Public Prosecutor were heard. 4. As held by the Apex Court in B.S.Joshi v. State of Haryana ((2003) 4 SCC 675), when the matrimonial disputes are settled amicably, it is not in the interest of justice to continue the prosecution, standing on technicalities. Annexure-C joint petition filed before this Court in Mat. Appeal No.572/2010 and the affidavit filed by the second respondent establish that entire matrimonial disputes were settled amicably and consequently, it CRMC 4353/10 3 is not in the interest of justice to continue the prosecution. Petition is allowed. C.C.No.2091/2006 on the file of Judicial First Class Magistrate's Court-I, Thiruvananthapuram is quashed. 23rd November, 2010 (M.Sasidharan Nambiar, Judge) tkv