IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 6TH APRIL 2010 / 16TH CHAITHRA 1932 Crl.MC.No. 1178 of 2010() ------------------------- CC.29/2010 of CHIEF JUDICIAL MAGISTRATE COURT, MANJERI .................... PETITIONER(S): ------------------------ 1. SHUKKUR, ARAYANTEPURAKKAL, AGED 45 YEARS, S/O.MOIDEENKUTTY, PARAVANNA, THEVAR KADAPPURAM, TIRUR,MALAPPURAM DIST. 2. MAIMOONA, AGED 32 YEARS, D/O.KALLADA ALI,VELLARAPPANCHALIL HOUSE, VILAYIL AMSOM,PARAPPUR DESOM,ERNAD TALUK, MALAPPURAM DISTRICT. BY ADVS. MR.T.K.SAIDALIKUTTY, MR.V.R.REKESH, MR.A.A.ZIYAD RAHMAN. RESPONDENT(S): --------------------------- 1. THE SUB INSPECTOR OF POLICE,AREEKODE. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. ERNAKULAM. R1 & R2 BY PUBLIC PROSECUTOR MR. S.U. NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 06/04/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.1178 of 2010 -------------------------- ORDER First petitioner husband is the accused and second petitioner wife is the defacto complainant in C.C.No.29/2010 on the file of Chief Judicial Magistrate's Court, Manjeri, taken cognizance for the offence under Section 498A of Indian Penal Code. It was the second petitioner who filed a complaint before Chief Judicial Magistrate's Court, which was sent for investigation under Section 156 (3) of Code of Criminal procedure. After investigation, the final report was submitted alleging that first petitioner committed an offence under Section 498A of Indian Penal Code. This petition is filed jointly by the husband and wife to quash the cognizance taken and the pending proceedings contending that entire matrimonial disputes between them were settled amicably. Annexure-A2 agreement entered into by the husband CRMC 1178/10 2 and wife resolving the disputes is also produced. 2.Learned counsel appearing for the petitioners and learned Public Prosecutor were heard. 3. Petition, jointly filed by the husband and wife, establishes that entire matrimonial disputes were settled amicably, evidenced by Annexure-A2 agreement. As held by the Apex Court in B.S.Joshi v. State of Haryana ((2003) 4 SCC 675), when the matrimonial disputes were settled amicably, it is not in the interest of justice to continue the prosecution, standing on technicalities. Petition is allowed. C.C.No.29/2010 on the file of Chief Judicial Magistrate's Court, Manjeri is quashed. 6th April, 2010 (M.Sasidharan Nambiar, Judge) tkv