IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 20TH SEPTEMBER 2010 / 29TH BHADRA 1932 Crl.MC.No. 2464 of 2010() ------------------------- CC.172/2005 of ADDL. CHIEF JUDICIAL MAGISTRATE COURT, TRIVANDRUM .................... PETITIONER(S): ACCUSED: ----------------------------------------- V.R.SANAL KUMAR, AGED 47 YEARS,S/O.LATE V.M.RAGHAVAPANICKER, VALSALAYAM,AYROOR NORTH,PATHANAMTHITTA. BY ADVS. SRI.C.HARIKUMAR, SMT.MOLLY KOSHY. RESPONDENT(S): STATE & DEFACTO COMPLAINANT: -------------------------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBILC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM. 2. DR.C.J.RAJSHREE, AGED 41 YEARS, D/O.C.K.RADHAMANI,AISWARYA,KAIZEN APARTMENT, FATHIMA NAGAR,EAST FORT, THRISSUR. R1 BY PUBLIC PROSECUTOR SMT. M.K.PUSHPALATHA R2 BY ADVS. SRI.JOHN VARGHESE, SRI.P.M.JOSEPH. THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 20/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No. 2464 OF 2010 =========================== Dated this the 20th day of September,2010 ORDER Petitioner is the accused and second respondent the de facto complainant in C.C.172/2005 taken cognizance for the offence under section 498A on Annexure A1 final report. This petition is filed under section 482 of the Code of Criminal Procedure contending that entire matrimonial disputes between the petitioner and second respondent wife were amicably settled before this court in W.P.(C) 9508/2008 and Annexure A3 statement was filed by the mediator, which was accepted by the Division Bench of this court in Annexure A4 order and therefore continuation of the proceedings is to be quashed. 2. Second respondent appeared through a counsel and submitted that in view of the Crl.M.C.2464/2010 2 settlement evidenced by Annexure A3 and A4, second respondent has no objection for quashing the proceedings. Learned Public Prosecutor also submitted that entire matrimonial disputes were settled amicably as revealed from the instructions received. 3.Annexure A1 final report shows that cognizance was taken for the offence under section 498A IPC. Annexure A3 and A4 establishes that entire matrimonial disputes were settled amicably before this court. 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 proceed with the prosecution. Petition is allowed. C.C.172/2001 on the file of Additional Chief Judicial Magistrate Court, Thiruvananthapuram is quashed. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006