IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 16TH NOVEMBER 2010 / 25TH KARTHIKA 1932 Crl.MC.No. 4544 of 2010() ------------------------------- CC.387/2010 of CRIME NO.31/2010 OF KUTTAMPUZHA POLICE STATION, JUDICIAL FIRST CLASS MAGISTRATE COURT, KOTHAMANGALAM .................... PETITIONER(S): ACCUSED ------------------------------- AJAYAN, AGED 34 YEARS, S/O.MANIYAN THEKEKARAPUTHAN HOUSE, KURAVANA KARA, OTTASEKHARAMANGALAM VILLAGE, NEYYATTINKARA TALUK, THIRUVANANTHAPURAM DIST. BY ADV. SRI.K.SUNILKUMAR RESPONDENT(S): COMPLAINANT & STATE ------------------------------------------------- 1. MAYA, AGED 30 YEARS, D/O.KRISHNANKUTTY, PULPRAKKUDIYIL HOUSE, NOOREKKAR KARA, KUTTAMPUZHA VILLAGE, KOTHAMANGALAM. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 BY ADV. SRI.BABU JOSEPH R2 BY PUBLIC PROSECUTOR SRI.I.V.PRAMOD THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 16/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs/ M.SASIDHARAN NAMBIAR, J. -------------------------------------------------------- Crl.M.C No.4544 OF 2010 --------------------------------------------------------- Dated this the 16th day of November, 2010. O R D E R Petitioner is the accused and first respondent his wife, the de facto complainant in C.C. No.387 of 2010 of Judicial First Class Magistrate Court, Kothamangalam, taken cognizance for the offences under Section 498(A) of Indian Penal code on Annexure- AI final report. Petition is filed under Section 482 of Code of Criminal Procedure to quash the proceedings contending that entire matrimonial disputes were settled amicably and therefore it is not in the interest of justice to continue the prosecution. 2. First respondent appeared through a counsel and filed an affidavit stating that entire matrimonial disputes were settled amicably and they are now living together cordially and consequent to the settlement the case is quashed. 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 the husband and wife living together under one roof, it is not in the interest of justice to continue the prosecution. Affidavit filed by the first respondent wife establishes that she has settled all the matrimonial disputes and is now residing along with the petitioner Crl.M.C No.4544 OF 2010 2 cordially. Hence it is not in the interest of justice to continue the prosecution. Petition is allowed. C.C.No. 387 of 2010 on the file of Judicial First Class Magistrate Court, Kothamangalam, is quashed. M.SASIDHARAN NAMBIAR, JUDGE. mns