IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 6TH DECEMBER 2010 / 15TH AGRAHAYANA 1932 Crl.MC.No. 509 of 2010() ---------------------------------- CRL.P.C. IN C.C. NO. 24 OF 2008 CRIME NO. 203/2007 OF ARYANKAVU POLICE STAITON OF JFMCI, NEYYATTINKARA. ---------------------- PETITIONER(S): ACCUSED A1 TO A4: ----------------------------------------------------- 1. ANILKUMAR, AGED 29, S/O.KRISHNAN, THADATHARIKATHU VEEDU, VITTIYODU, VAZHICHALL DESOM, OTTASEKHARAMANGALAM VILLAGE. 2. LEELA, AGED 57, D/O. JGANAMMA, RESIDING AT DO. DO. 3. KRISHNAN, AGED 70, S/O.PERUMAL, RESIDING AT DO. DO. 4. BEENA @ SARITHA, D/O.LEELA, AGED 21, RESIDING AT DO. DO. BY ADV. SRI.R.T.PRADEEP RESPONDENT(S): -------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. BINDHU, D/O.THANKAM, THAZHAVILA VEETTIL, KALLUVETTAMKUZHI, KOLLAMCODU VILLAGE, KANYAKUMARI DISTRICT. R1 BY PUBLIC PROSECUTOR SRI. P.A.SALIM R2 BY ADV. SRI.NAGARAJ NARAYANAN THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 06/12/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts M.SASIDHARAN NAMBIAR,J. --------------------------------------------- CRL.M.C.NO.509 OF 2010 --------------------------------------------- Dated 6th December, 2010 O R D E R Petitioners are the accused and second respondent, the de facto complainant in C.C.24/2008 on the file of Judicial First Class Magistrate's Court-I, Neyyattinkara, taken cognizance for the offence under Section 498 A on Annexure-II final report submitted by Sub Inspector of Police, Aryankavu Police Station. Petition is filed under Section 482 of Code of Criminal Procedure to quash the proceedings contending that entire matrimonial disputes were settled amicably and first petitioner and second respondent are now living together as husband and wife and in such circumstances, it is not in the Crmc 509/10 2 interest of justice to continue the prosecution. 2. Second respondent appeared through a counsel and filed a joint petition with the petitioners seeking permission to compound the offence and quash the proceedings contending that entire matrimonial disputes were settled and husband and wife are now living together. 3. Learned counsel appearing for the petitioners, second respondent and learned Public Prosecutor were heard. 4. 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 were settled amicably, it is not in the interest of justice to continue the prosecution standing on technicalities. Joint petition filed by the petitioners and second respondent,7 establish that entire matrimonial Crmc 509/10 3 disputes were settled amicably and second respondent is now living with the petitioners. In such circumstances, it is not in the interest of justice to continue the prosecution. Learned Public Prosecutor submitted that statement of the second respondent recorded and it shows that she is now living with the first petitioner. In such circumstances, it is not in the interest of justice to continue the prosecution. Petition is allowed. C.C.24/2008 on the file of Judicial First Class Magistrate's Court-I, Neyyattinkara is quashed. M.SASIDHARAN NAMBIAR, JUDGE. uj.