IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 7TH OCTOBER 2009 / 15TH ASWINA 1931 Crl.MC.No. 3230 of 2009 --------------------------------------- CC.1225/2008 of JUDL.MAGISTRATE OF FIRST CLASS COURT, ADOOR .................... PETITIONERS/ACCUSED NOS.1 TO 3: 1. MANOJ.S., AGED 30 YEARS, S/O.SOMARAJAN, LAKSHMI NIVAS, PANNIVIZHA MURI, ADOOR VILLAGE, PATHANAMTHITTA DISTRICT. 2. SARASWATHI, AGED 53 YEARS, W/O.SOMARAJAN, LAKSHMI NIVAS, PANNIVIZHA MURI, ADOOR VILLAGE, PATHANAMTHITTA DISTRICT. 3. MANJU, AGED 25 YEARS, W/O.SINU, PAVANATTU HOUSE, PUTHUSERRI BHAGAM MURI, ERATHU VILLAGE, PATHANAMTHITTA DISTRICT. BY ADV. SRI.JACOB P.ALEX RESPONDENTS/COMPLAINANT & STATE: 1. MANJU @ SARANYA, AGED 22 YEARS, D/O.MANIYAMMA, VISHNU NIVAS, NEAR CANAL JUNCTION, CHERUKUNNAM, KURATHIKADU P.O., MAVELIKKARA, ALAPPUZHA DISTRICT. 2. STATE OF KERALA, REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY ADV. SRI.RINNY STEPHEN FOR R1 BY PUBLIC PROSECUTOR SRI.SIVAKAUMAR FOR R2 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 07/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.3230 of 2009 -------------------------- ORDER Petitioners are the accused and first respondent, the defacto complainant in C.C.No. 1225/2008 on the file of Judicial First Class Magistrate's Court, Adoor, taken cognizance for the offence under Section 498A read with Section 34 of Indian Penal Code on Annexure-II final report. First respondent is the wife 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 between the parties were amicably settled. 2. First respondent appeared through a counsel and filed Annexure-VII affidavit stating that entire matrimonial disputes between the parties were settled and in such circumstances, she has no objection for quashing the proceedings. CRMC 3230/09 2 3. Learned counsel appearing for the petitioners, first respondent and learned Public Prosecutor were heard. 4. Annexure-VII affidavit of the first respondent establishes that entire matrimonial disputes between the parties were settled. As held by the Apex Court in B.S.Joshi v. State of Haryana ((2003) 4 SCC 675), when the matrimonial disputes between the parties were settled, it is not in the interest of justice to continue the prosecution. In such circumstances, petition is allowed. C.C.No.1225/2008 on the file of Judicial First Class Magistrate's Court, Adoor is quashed. 7th October, 2009 (M.Sasidharan Nambiar, Judge) tkv