IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 10TH DECEMBER 2009 / 19TH AGRAHAYANA 1931 Crl.MC.No. 4016 of 2009() ----------------------------------- CC.1500/2008 of JUDL.MAGISTRATE OF FIRST CLASS COURT-I, HOSDURG .................... PETITIONER/ACCUSED NO.2 ----------------------------------------- ZAINUDDIN. K.M., AGED 35 YEARS, S/O. K.M. FATHIMA, MADAPPURAM, KAVUNTHALA, PADANNA VILLAGE, KASARAGOD DISTRICT. BY ADV. MR.M.V.AMARESAN RESPONDENTS/COMPLAINANTS ---------------------------------------------- 1. SAINU. T.K., D/O. MUHAMMED, AGED 22 YEARS 'RIYAS MANZIL' EDACHAKAI, UTTINNOOR GRAMAM, KASARAGOD DISTRICT. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R2 BY PUBLIC PROSECUTOR MR.S.U. NAZAR. R1 BY ADV. MR.G. SANTHOSH KUMAR. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 10/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. M.SASIDHARAN NAMBIAR,J. ------------------------------------------ Crl.M.C.NO. 4016 OF 2009 ------------------------------------------ Dated 10th December 2009 O R D E R Petitioner is the second accused in C.C.616/2007, now pending as C.C.1500/2008 on the file of Judicial First Class Magistrate-I, Hosdurg taken cognizance for the offence under Section 498 A read with Section 34 of Indian Penal Code. As the petitioner was absconding the case as against him was split up and first accused was tried in C.C.616/2007. By Annexure-I order, first accused was acquitted. This petition is filed under Section 482 of Code of Criminal Procedure to quash the case as against him contending that entire disputes were settled amicably and first accused, the brother of petitioner and first respondent are now living together as husband and wife and in such circumstances, it is not in the interest of justice to continue the prosecution. 2. First respondent appeared through a counsel and filed Annexure-II statement stating that Crmc 4016/09 2 entire disputes were settled amicably and petitioner is brother of the first accused the husband of first respondent and first accused is now living along with first respondent and in such circumstances, case is to be quashed. 3. Learned counsel appearing for the petitioner, first respondent and learned Public Prosecutor were heard. 4. Annexure-I judgment shows that first accused, husband of first respondent was acquitted after trial, as at the time of evidence second respondent denied the allegations. Affidavit filed by first respondent establishes that there has been an amicable settlement of the matrimonial disputes and first respondent and her husband are living together. In such circumstances, as held by the Apex court in B.S.Joshi and others v. State of Haryana and another (2003(4) SCC 675), it is not in the interest of justice to continue the prosecution, when matrimonial disputes are settled between the parties. Crmc 4016/09 3 Petition is allowed. C.C.1500/2008 on the file of Judicial First Class Magistrate-I, Hosdurg is quashed. M.SASIDHARAN NAMBIAR, JUDGE. uj.