IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 9TH DECEMBER 2010 / 18TH AGRAHAYANA 1932 Crl.MC.No. 4830 of 2010() -------------------------------------- CC.225/2007 of JUDL. MAGISTRATE OF FIRST CLASS COURT-V, KOZHIKODE .................... PETITIONER/ACCUSED: ----------------------------------- ABDUL LATHEEF VELLARIKKAL PARAMBA (H), KALLIKKUNNU, P.O.OLAVANNA, KOZHIKODE DISTRICT. BY ADV. SRI.M.MUHAMMED SHAFI RESPONDENTS/DEFACTO COMPLAINANT AND COMPLAINANT: --------------------------------------------------------------------------------------------- 1. SHARFEENA, AGED 37 YEARS, VELLARIKKAL PARAMBA (H), KALLIKUNNU, P.O.OLAVANNA, KOZHIKODE DISTRICT-673 025. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. R1 BY ADV. SRI.A.ABDUL LATHEEF. R2 BY PUBLIC PROSECUTOR MR.I.V. PRAMOD. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 09/12/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.4830 of 2010 -------------------------- ORDER Petitioner, the husband, is the accused and first respondent, the wife, is the defacto complainant in C.C.No.225/2007 on the file of Judicial First Class Magistrate's Court-V, Kozhikode, taken cognizance for the offence under Section 498A of Indian Penal Code on Annexure-A1 final report. This petition is filed under Section 482 of Code of Criminal Procedure to quash the proceedings contending that entire matrimonial disputes were settled amicably and consequent to the settlement, petitioner is residing with the first respondent and in such circumstances, 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 CRMC 4830/10 2 consequent to the settlement, she has no subsisting grievance against the petitioner and therefore, the proceedings is to be quashed. 3. Learned counsel appearing for the petitioner, first respondent and learned Public Prosecutor were heard. 4. As held by the Apex Court in B.S.Joshi v. State of Haryana ((2003) 4 SCC 675), when the matrimonial disputes are settled amicably and consequent to the settlement, the husband and wife are living together under one roof, it is not in the interest of justice to continue the prosecution. Petition is allowed. C.C.No.225/2007 on the file of Judicial First Class Magistrate's Court-V, Kozhikode is quashed. 9th December, 2010 (M.Sasidharan Nambiar, Judge) tkv