IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 20TH NOVEMBER 2009 / 29TH KARTHIKA 1931 Crl.MC.No. 3748 of 2009() --------------------------------- CC.1276/2008 of JUDL.MAGISTRATE OF FIRST CLASS COURT -I, ALAPPUZHA .................... PETITIONER(S): ACCUSED: -------------------------------------- NAZEER, S/O. IBRAHIMKUTTY RESIDING AT NANMA COTTAGE, ZACHARIA BAZAR, ALAPPUZHA. BY ADV. SRI.SUNIL J.CHAKKALACKAL RESPONDENT(S): STATE AND DEFACTO COMPLAINANT: -------------------------------------------------------------------------------- 1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. 2. MANJU NAZEER, W/O. NAZEER, RESIDING AT NANMA COTTAGE, ZACHARIA BAZAR, ALAPPUZHA. BY PUBLIC PROSECUTOR MR.K.J.MOHAMMED ADV. SRI.GOKUL DAS V.V.H. FOR R2 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 20/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.SASIDHARAN NAMBIAR,J. ------------------------------------------ CRL.M.C.NO.3748 OF 2009 ------------------------------------------ Dated 20th November 2009 O R D E R Petitioner is the accused and second respondent, the de facto complainant in C.C.1276/2008 on the file of Judicial First Class Magistrate-I, Alappuzha taken cognizance for the offence under Section 498 A 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 between petitioner and second respondent were amicably settled and they are now living together as husband and wife and in such circumstances, to preserve the matrimonial cordiality and relationship, it is not in the interest of justice to continue the prosecution. 2. Second respondent appeared through a counsel and filed a joint petition (Crl.M.A.6428/2009) with petitioner stating that as they have settled all the matrimonial disputes amicably and are living together, as husband and wife the proceedings may be 2 quashed. 3. Learned counsel appearing for the petitioner, second respondent and learned Public Prosecutor were heard. 4. Joint petition filed by the petitioner husband and second respondent wife establish that there has been settlement of all the matrimonial disputes and the husband and wife are now living together and leading 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), in such circumstances, when all the matrimonial disputes were amicably settled and the husband and wife are living together, it is not in the interest of justice to stand on technicalities and cause hurdles in their matrimonial life. Petition is allowed. C.C.1276/2008 on the file of Judicial First Class Magistrate-I, Alappuzha is quashed. M.SASIDHARAN NAMBIAR, JUDGE. uj.