IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 25TH FEBRUARY 2010 / 6TH PHALGUNA 1931 Crl.MC.No. 536 of 2010() ------------------------ CC.782/2009 of JUDL.MAGISTRATE OF FIRST CLASS COURT, TIRUR .................... PETITIONER(S): ACCUSED: ----------------------------------------- 1. MUFTHUF, S/O.HUSSAIN KUTTY, CHIRAYIL HOUSE, PACHATTIRI AMSOM, PARIYAPURAM DESOM, PACHATTIRI P.O., TIRUR. 2. BUSHRA, W/O.HUSSAIN KUTTY, CHITRAYIL HOUSE, PACHATTIRI AMSOM, PARIYAPURAM DESOM, PACHATTIRI P.O., TIRUR. 3. HUSSAIN KUTTY, CHIRAYIL HOUSE, PACHATTIRI AMSOM, PARIYAPURAM DESOM, PACHATTIRI P.O., TIRUR. 4. SAFARUNISA, D/O.HUSSAIN KUTTY, CHIRAYIL HOUSE, PACHATTIRI AMSOM, PARIYAPURAM DESOM, PACHATTIRI P.O., TIRUR. 5. SAIFUDEEN, PACHATTIRI AMSOM, PARIYAPURAM DESOM, PACHATTIRI P.O., TIRUR. BY ADV. MR.JACOB SEBASTIAN RESPONDENT(S): COMPLAINANT & STATE: ----------------------------------------------------------------- 1. SUMAYA K.P., D/O.AHAMMEDKUTTY, KARINKAPARA HOUSE, KUTTYKALATHANY, PUNNATHALA P.O., KURUMATHUR AMSOM, CHELUR DESOM, TIRUR TALUK. 2. STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. R1 BY ADV. MR.S.SANTHOSH KUMAR (BALARAMAPURAM) R2 BY PUBLIC PROSECUTOR MR. S.U. NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 25/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.SASIDHARAN NAMBIAR,J. ------------------------------------------ CRL.M.C.NO.536 OF 2010 ------------------------------------------ Dated 25th February 2010 O R D E R Petitioners are the accused and second respondent, the complainant in C.C.782/2009 on the file of Judicial First Class Magistrate, Tirur taken cognizance for the offence under Section 498 A of Indian Penal Code on Annexure-1 private complaint filed by the first respondent. Petition is filed under Section 482 of Code of Criminal Procedure, to quash the proceedings contending that entire disputes were settled amicably and in view of the settlement it is not in the interest of justice to continue the prosecution. 2. First petitioner is the husband of first respondent. Allegation in Crmc 536/10 2 Annexure-1 is that petitioners in furtherance of their common intention treated first respondent with cruelty. 3. First respondent appeared through a counsel and filed Crl.M.A.764/2010 jointly with petitioners stating that parties have settled all the disputes and pendency of the case is not conducive for a happy matrimonial life and in such circumstances, the case is to be quashed. 4. Learned counsel appearing for the petitioners, first respondent and learned Public Prosecutor were heard. 5. Learned Magistrate has taken cognizance of the offence under Section 498 A of Indian Penal Code on Annexure-1 complaint filed by first respondent. First respondent along with petitioners filed the Crmc 536/10 3 joint petition stating that entire matrimonial disputes were settled and consequent to the settlement, it is not in the interest of justice to continue the prosecution as continuation of the proceedings is not conducive for a happy matrimonial life. 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, it is not in the interest of justice to stand on technicalities and continue the prosecution. Petition is allowed. C.C.782/2009 on the file of Judicial First Class Magistrate, Tirur is quashed. M.SASIDHARAN NAMBIAR, JUDGE. uj.