IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 17TH MARCH 2010 / 26TH PHALGUNA 1931 Crl.MC.No. 933 of 2010() ------------------------ CC.171/2009 of JUDL. MAGISTRATE OF FIRST CLASS COURT-I, PALAKKAD .................... PETITIONER(S): ACCUSED: ----------------------------------------- 1. BABU, S/O.KRISHNAN, AGED 33 YEARS, PANDHAN PADAM, 5TH MILE,EDATHARA, PARALI, PALAKKAD DISTRICT. 2. PREMAKUMARY, W/O.KRISHNAN, AGED 55 YEARS, PANDHAN PADAM, 5TH MILE,EDATHARA, PARALI, PALAKKAD DISTRICT. 3. SATHEESH, S/O.PREMAKUMARY,AGED 35 YEARS, PANDHAN PADAM, 5TH MILE,EDATHARA, PARALI, PALAKKAD DISTRICT. 4. SACHUDANANDAN, S/O.PREMAKUMARY, AGED 28 YEARS, PANDHAN PADAM, 5TH MILE,EDATHARA, PARALI, PALAKKAD DISTRICT. 5. CHANDRIKA, D/O.THATHA, AGED 33 YEARS MATHOOR AGRAHARAM, MATHOOR PO, ALATHUR TALUK, PALAKKAD DISTRICT. BY ADV. MR.M.L.SURESH KUMAR RESPONDENT(S): STATE: --------------------------------------- 1. STATE OF KERALA, REP BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. 2. VIMALA, AGED 24 YEARS, D/O.VASU, KALLAMPARAMBIL HOUSE, PULINELLY,KOTTAYI, ALATHUR TAUK, PALAKKAD DISTRICT. R1 BY PUBLIC PROSECUTOR MR. K.S. SIVAKUMAR R2 BY ADV. MR.A.R.GANGADAS THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 17/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.SASIDHARAN NAMBIAR, J. --------------------------- Crl.M.C. No. 933 OF 2010 -------------------------- Dated this the 17th day of March, 2010 O R D E R Petitioners are the accused and second respondent, the de facto complainant in C.C No.171/2009 on the file of Judicial First Class Magistrate-I, Palakkad. The first petitioner and second respondent are husband and wife. Learned Magistrate has taken cognizance for the offence under Section 498 A read with Section 34 of Indian penal Code against the five accused in Crime No.65/2009 of Kottayi Police Station. Crime was registered on a private complaint filed by the second respondent before the Judicial First Class Magistrate-I, Palakkad 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 amicably settled and the husband and wife are now living together cordially and in such circumstances, it is not in the interest of Justice to continue the prosecution. 2 The second respondent appeared through a counsel and filed an affidavit stating that entire matrimonial disputes were Crl.M.C. No.933/2010 2 amicably settled and she is now living with the first petitioner for the last four months happily and she has no further grievance against the petitioners and has no objection for quashing the proceedings. 3. The learned counsel appearing for the petitioners, the second respondent and learned Public Prosecutor were heard. 4. 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, it is not in the interest of justice to stand on technicalities and to continue the prosecution. The affidavit filed by the second respondent establishes that she has settled all the disputes with the petitioners and she is now living with her husband and the matrimonial disputes were settled amicably In such circumstances, the petition is allowed. C.C. No.171/2009 on the file of Judicial First Class Magistrate-I, Palakkad is quashed M.SASIDHARAN NAMBIAR, (JUDGE ) vps Crl.M.C. No.933/2010 3