IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 13TH SEPTEMBER 2010 / 22ND BHADRA 1932 Crl.MC.No. 3761 of 2010() ------------------------ CC.169/2009 of JUDL. MAGISTRATE OF FIRST CLASS, KUNNAMANGALAM ................... CC 384/2007 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, KUNNAMANGALAM CRIME NO. 245/2006 OF MEDICAL COLLEGE POLICE STATION, KOZHIKODE .................................................................... PETITIONER: ----------------- ANITHA, D/O. P.K. KRISHNAN, PALAKKAL HOUSE, KURIYADATH VAYALIL, MATHOTTAM, ARAKINAR,KOZHIKODE. BY ADV. SRI. MANJERI S. SUNDER RAJ RESPONDENT(S): ------------------------ 1. P.K. RAJEEVAN, S/O. PREMAN (LATE), "CHANDRAN'S HOUSE", NJARAKKAL VAYAL, KUTTIYIL THAZHAM, KOZHIKODE. 2. STATE OF KERALA, REPRESENTED BY STATION HOUSE OFFICER, MEDICAL COLLEGE POLICE STATION, KOZHIKODE-673 008,(CRIME NO.245/2006 DATED 13/08/2006) REP BY THE P. PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R2 BY PUBLIC PROSECUTOR SRI. P.A. SALIM THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 13/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.3761 of 2010 -------------------------- ORDER Petitioner is the defacto complainant in C.C. No.169/2009 on the file of Judicial First Class Magistrate's Court, Kunnamangalam, taken cognizance for the offences under Sections 406 and 498A read with Section 34 of Indian Penal Code. Originally, petitioner was the first accused in C.C.No. 384/2007. As petitioner was absconding, second accused was tried and by Annexure-3 judgment, second accused was acquitted. Annexure-3 judgment shows that when the second accused was tried, it was reported that matter has been settled. This petition is filed by the defacto complainant herself to quash the case now pending against her, which was refiled when the second accused was tried, contending that entire matrimonial disputes between the parties were settled amicably. CRMC 3761/10 2 2. As held by the Apex Court in B.S.Joshi v. State of Haryana ((2003) 4 SCC 675), when the matrimonial disputes were settled amicably between husband and wife, it is not in the interest of justice to continue the prosecution. Petition is allowed. C.C.No.169/2009 on the file of Judicial First Class Magistrate's Court, Kunnamangalam is quashed. 13th September, 2010 (M.Sasidharan Nambiar, Judge) tkv