IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 6TH OCTOBER 2010 / 14TH ASWINA 1932 Crl.MC.No. 4064 of 2010() ------------------------- CC.1473/2008 of JUDL. MAGISTRATE OF FIRST CLASS COURT,CHALAKUDY CRIME NO.476/2008 OF MALA POLICE. .................... PETITIONER/ACCUSED ---------------------------------- JOSE, S/O.FRANCIS, AGED 40 YEARS, PAINADATH HOUSE, KURUVILASSERY VILLAGE, THRISSUR DISTRICT. BY ADV. SRI.M.SHAJU PURUSHOTHAMAN, SRI.K.S.RAJESH. RESPONDENTS/DE-FACTO COMPLAINANT --------------------------------------------------------------- 1. STATE, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031, REPRESENTING THE S.I OF POLICE, POLICE STATION, MALA. 2. MARY JOSE, D/O.ANTHONY, AGED 36 YEARS, PALACKAL HOUSE, MALAPALLIPPURAM, THRISSUR DISTRICT-685 106 NOW RESIDING AT PLANT DIVISION, P.NO.307 CODE 118 SULTANATE OF OMAN, MUSCAT. R1 BY PUBLIC PROSECUTOR SMT.M.K. PUSHPALATHA. R2 BY ADV. MR.LUIZ GODWIN D'COUTHA. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 06/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. M.SASIDHARAN NAMBIAR,J. --------------------------------------------- CRL.M.C.NO.4064 OF 2010 --------------------------------------------- Dated 6th October, 2010 O R D E R Petitioner, the accused in C.C.1473/2008 on the file of Judicial First Class Magistrate's Court, Chalakkudy taken cognizance for the offence under Section 498 A of Indian Penal Code filed this petition under Section 482 of Code of Criminal Procedure to quash the proceedings before the learned Magistrate contending that entire matrimonial disputes with the second respondent, were settled amicably and consequent to the settlement, it is not in the interest of justice to continue the proceedings. 2. Second respondent appeared through a counsel and filed an affidavit Crmc 4064/10 2 stating that second respondent and her husband, the petitioner, settled all the disputes amicably and they are now living together and in such circumstances, it is not in the interest of justice to continue the prosecution. 3. Learned counsel appearing for the petitioner, second respondent and learned Public Prosecutor were heard. 4. Case was registered based on Annexure-a complaint filed by the second respondent before Judicial First Class Magistrate, Chalakkudy and sent for investigation under Section 156(3) of Code of Criminal Procedure. Affidavit filed by the second respondent wife establishes that she has settled all the matrimonial disputes with the petitioner and they are now living together. As held by the Apex Court in B.S.Joshi and Crmc 4064/10 3 others v. State of Haryana and another (2003 (4) SCC 675) when matrimonial disputes are settled amicably and the husband and wife are living together under one roof, it is not in the interest of justice to stand on technicalities and continue the proceedings. Petition is allowed. C.C.1473/2008 on the file of Judicial First Class Magistrate's Court, Chalakkudy is quashed. M.SASIDHARAN NAMBIAR, JUDGE. uj.