IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 23RD NOVEMBER 2010 / 2ND AGRAHAYANA 1932 Crl.MC.No. 4617 of 2010 ---------------------------------- [CC.NO.381/2009 OF JUDICIAL MAGISTRATE OF FIRST CLASS-III, KOTTAYAM, CRIME NO.221/2009 OF AYARKUNNAM POLICE STATION] .................... PETITIONERS: --------------------- 1. BIJU JOSEPH,S/O.JOSEPH,AGED 33 YEARS, ANJUKANDATHIL HOUSE, MALAKKALLU(PO),KASARGOD. 2. JOSEPH,S/O.CHACKO,AGED 60 YEARS, ANJUKANDATHIL HOUSE, MALAKKALLU(P.O),KASARGOD. 3. ALICE,W/O.JOSEPH,AGED 55 YEARS, ANJUKANDATHIL HOUSE, MALAKKALLU(P.O),KASARGOD. BY ADV. SRI.R.PARTHASARATHY. RESPONDENTS: ------------------------ 1. ANAJO JOSE, D/O.ALI JOSEPH,AGED 28 YEARS, PLACHERIPURATH HOUSE, PUNNATHURA EAST KARA, AYARKKUNNAM VILLAGE, KOTTAYAM DISTRICT. 2. STATE OF KERALA,REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. R1 BY ADV. SRI.C.N.SAMEER. R2 BY PUBLIC PROSECUTOR SRI. P.A. SALIM. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.4617 of 2010 -------------------------- ORDER Petitioners are the accused and first respondent, the defacto complainant in C.C.No. 381/2009 on the file of Judicial First Class Magistrate's Court-III, Kottayam, taken cognizance for the offence under Section 498A read with Section 34 of Indian Penal Code on Annexure-A2 final report submitted by Sub Inspector of Police, Ayarkunnam Police Station. First petitioner and first respondent are husband and wife. Petitioners 2 and 3 are the parents of the first petitioner. This petition is filed under Section 482 of Code of Criminal Procedure to quash the proceedings contending that entire matrimonial disputes were settled amicably, evidenced by Annexure-A3 agreement. 2. First respondent appeared through a counsel and filed an affidavit stating that entire CRMC 4617/10 2 matrimonial disputes were settled amicably and consequent to the settlement, she has no subsisting grievance against the petitioners and therefore, she has no objection for quashing the proceedings. 3. Learned counsel appearing for the petitioners, 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, it is not in the interest of justice to continue the prosecution. The affidavit filed by the first respondent establishes that entire matrimonial disputes were settled amicably. In such circumstances, it is not in the interest of justice to continue the prosecution. Petition is allowed. C.C.No.381/2009 on the file of Judicial First Class Magistrate's Court- III, Kottayam is quashed. 23rd November, 2010 (M.Sasidharan Nambiar, Judge) tkv