IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 5TH OCTOBER 2009 / 13TH ASWINA 1931 Crl.MC.No. 3174 of 2009() ------------------------- CC.1594/2008 of JUDL. MAGISTRATE OF FIRST CLASS COURT, CHAVAKKAD CRIME NO.421/08 OF PAVARATTY P.S .................... PETITIONER(S): ACCUSED NOS.1 TO 3 --------------------------------- 1. JOYSON, S/O.JOHN, AGED 41, KUTHOOR HOUSE, PERUVALLUR, MULLASSERI VILLAGE, THRISSUR DISTRICT. 2. KOCHUMARY, W/O.JOHN, AGED 62, RESIDING AT DO-DO. 3. JOHNSON, S/O.JOHN, AGED 45, KUTHOOR HOUSE, NEAR KANNAN SUPER MARKET, KUNDUVARA ROAD, CHEMBUKKAVU, THRISSUR. BY ADV. SRI.P.RAMACHANDRAN RESPONDENT(S): COMPLAINANT AND STATE ------------------------------------ 1. EMILY, D/O.ANTONY, AGED 33, ARIMBOOR VERANGAN HOUSE, NEHRU NAGAR, KURIACHIRA, THRISSUR. 2. THE STATE OF KERALA, PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM. ADV. SRI.K.T.SHYAMKUMAR FOR R1 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 05/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: uj. M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No.3174 OF 2009 =========================== Dated this the 5th day of October,2009 ORDER Petitioners are the accused in C.C.1594/2008 on the file of Judicial Magistrate of First Class, Chavakkad taken cognizance for the offence under section 420 and 498A read with section 34 of Indian Penal Code under Annexure-I final report. First respondent is the de facto complainant a person who was allegedly cheated. She is the wife of the first petitioner. 2. This petition is filed under section 482 of the Code of Criminal Procedure to quash the proceedings contending that as the entire matrimonial disputes between the first respondent and petitioners were amicably settled, it is not in the interest of justice to continue with the prosecution. 3. First respondent appeared through a counsel and filed Annexure-II affidavit stating that entire disputes between the parties is settled and she has no objection for quashing the proceedings. 4. Learned counsel appearing for the petitioners, Crl.M.C.3174/2009 2 first respondent and the learned Public Prosecutor were heard. 5. As held by the Apex Court in B.S. Joshi v. State of Haryana (2003(4) SCC 675) when the matrimonial disputes were amicably settled, it is not in the interest of justice to continue with the prosecution. The affidavit filed by the first respondent establish that entire matrimonial disputes were settled between the parties. In such circumstance, it is not in the interest of justice to continue with the prosecution. Petition is allowed. C.C. No.1594/2008 on the file of Judicial First Class Magistrate, Chavakkad is quashed. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006