IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 6TH MARCH 2009 / 15TH PHALGUNA 1930 Crl.MC.No. 828 of 2009(E) ------------------------ CRA.506/2008 OF THE ADDITIONAL SESSIONS COURT(AD HOC-III), NORTH PARAVUR .................... PETITIONER(S): --------------- GIJO BABY , S/O.BABY MENOTHUMALIL HOUSE, 1/106/1, SEMINARY PADY U.C.COLLEGE PO, ALUVA. BY ADV. SRI.C.S.MANU SRI.S.K.PREMRAJ RESPONDENT(S): --------------- 1. DEEPA XAVIER, W/O.GIJO BABY MENOTHUMALIL HOUSE, 1/106/1 SEMINARY PADY U.C.COLLEGE PO, ALUVA. 2. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. ADV. SRI.A.S.BRIJESH FOR R1 PUBLIC PROSECUTOR SRI. GIKKU JACOB. THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 06/03/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = CRL.M.C. NO. 828 OF 2009 = = = = = = = = = = = = = = = Dated this the 6th day of March, 2009. O R D E R This petition is filed with a prayer to quash the proceedings in Crl.A.506/08 and the order in M.P.95/08 on the file of the Judicial First Class Magistrate, Aluva. M.P.95/08 was filed by the wife against the husband u/s 12 of the Protection of Women from Domestic Violence Act, 2005. The Court after elaborately considering the matter granted an order from committing any act of domestic violence with other conditions. Aggrieved by that decision the husband had taken up the matter before the Sessions Judge, Paravur and it is pending as Crl.A.506/08 on the file of the Additional Sessions Judge(Adhoc-III), North Paravur. During the pendency of the proceedings in appeal the parties have settled the matter and the husband and wife are personally present before this Court and they have submitted that they are living together and they have condoned Crl.M.C. 828 OF 2009 -:2:- mutually themselves. Now it is in this background the petition is filed to quash the proceedings. 2. The Hon'ble Supreme Court of India had the opportunity to consider this question in the decision reported in (B.S. Joshi v. State of Haryana (2003 (4) SCC 675). In that the Apex Court held that while considering quashing of proceedings u/s 482 it is for the High Court to take into consideration any special features which appear in a particular case to consider whether it is expedient and in the interest of justice to permit the prosecution to continue. It also held that the Court shall encourage harmonious settlement of matrimonial disputes. It was further held that hypertechnicality would lead to counterproductivity which will violate the very provisions of the Act. So relying upon this principle and applying the same to the present facts of the case it can be seen that husband and wife had forgotten their differences and they have returned back to their matrimonial home in a peaceful harmonious atmosphere. Compelling them to litigate will spoil the very purpose and therefore Crl.M.C. 828 OF 2009 -:3:- interest of justice requires that the litigation should not continue. Therefore I invoke my power u/s 482 Cr.P.C. and quash the order passed in CMP 95/08 as well as all further proceedings in Crl.A.506/08 pending before the Additional District Judge(Adhoc-III), North Paravur. The Crl.M.C. is disposed of accordingly. M.N. KRISHNAN, JUDGE. ul/-