IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 23RD DECEMBER 2010 / 2ND POUSHA 1932 Crl.MC.No. 4909 of 2010 --------------------------------------- CMP.6330/2010 of JFCM-II, KOTTARAKKARA .................... PETITIONERS/ACCUSED A1 & 2: 1. SANTHOSH, AGED 37 YEARS, S/O. SADASIVAN, MANCHADIVILAL VEEDU, PARUTHIYARA MURI, ODANAVATTOM P.O., VELIYAM VILLAGE, KOTTARAKKARA TALUK, KOLLAM DISTRICT. 2. SADASIVAN, AGED 69 YEARS, S/O. SANKARAN, DO. DO. BY ADV. SRI.K.V.ANIL KUMAR RESPONDENTS/STATE & COMPLAINANT: 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, POOYAPPALLY POLICE STATION, KOLLAM DIST. 3. SULATHAKUMARI, SHARON BHAVAN, CHENNAPPARA MURI, ODANAVATTOM VILLAGE, KOLLAM DISTRICT. BY PP SRI.SABU SREEDHARAN FOR R1 & R2 ADV. SRI.P.V.DILEEP FOR R3 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23/12/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.4909 of 2010 -------------------------- ORDER Petitioners are the accused and third respondent, the defacto complainant in Crime No. 832/2010 of Pooyappally Police Station, registered under Annexure-B FIR, based on Annxure-A complaint filed by the third respondent before Judicial First Class Magistrate's Court-II, Kottarakkara 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 to quash the proceedings contending that entire matrimonial disputes were settled amicably between the petitioners and third respondent and consequent to the settlement, it is not in the interest of justice to continue the prosecution. 2. Third respondent appeared through a counsel and along with the petitioners filed a joint petition declaring that entire matrimonial disputes CRMC 4909/10 2 were settled amicably and consequent to the settlement, she has no subsisting grievance against the petitioners and therefore, the proceedings is to be quashed. 3. Learned counsel appearing for the petitioners, third 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. Petition is allowed. Crime No.832/2010 of Pooyappally Police Station is quashed. 23rd December, 2010 (M.Sasidharan Nambiar, Judge) tkv