IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 9TH SEPTEMBER 2010 / 18TH BHADRA 1932 Crl.MC.No. 3737 of 2010() ------------------------- (AGAINST CC.167/2009 of CHIEF JUDICIAL MAGISTRATE COURT, KOLLAM) .................... PETITIONERS/ACCUSED: --------------- 1. NASARUDEEN, S/O.IBRAHIM, NEDIYAZHIKAM HOUSE,AN-AMEEN NAGAR 90 CHAKIRIKADACHERRY, ERAVIPURAM VILLAGE, KOLLAM, NOW RESIDING AT BLUE BELLS, BHAVANA NAGAR HOUSE NO-38,PATTATHANAM,KOLLAM. 2. SUHARBAN,NEDIYAZHIKAM HOUSE AN-AMEEN NAGAR 90 CHAKIRIKADACHERRY, ERAVIPURAM VILLAGE,KOLLAM, NOW RESIDING AT BLUE BELLS, BHAVANA NAGAR HOUSE NO-38, PATTATHANAM,KOLLAM. 3. RASEENA, D/O.SUHARBAN, NEDIYAZHIKAM HOUSE,AN-AMEEN NAGAR 90 CHAKIRIKADACHERRY, ERAVIPURAM VILLAGE,KOLLAM, NOW RESIDING AT BLUE BELLS, BHAVANA NAGAR HOUSE NO-38, PATTATHANAM,KOLLAM. BY ADV. SRI.B.PRAMOD RESPONDENTS/COMPLAINANT & DEFACTO COMPLAINANT: --------------------------------------------- 1. SUMAYA, AGED 25 YEARS D/O.MABLE, ENDAROSOIL,NEAR ST ANTONIES AUTO AGENCIES, S.N.COLLEGE JUNCTION,KOLLAM NOW RESIDING AT BLUE BELLS, BHAVANA NAGAR HOUSE NO.-38, PATTATHANAM ,KOLLAM - 691021. 2. STATE OF KERALA,REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA ERNAKULAM - 31. BY PUBLIC PROSECUTOR SRI.I.V.PRAMOD THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 09/09/2010,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: VK M.SASIDHARAN NAMBIAR,J. --------------------------------------------- CRL.M.C.NO.3737 OF 2010 --------------------------------------------- Dated 9th September, 2010 O R D E R Petitioners are the accused in C.C.167/2009 on the file of Chief Judicial Magistrate's Court, Kollam taken cognizance for the offences under Sections 498A and 494 read with Section 34 of Indian Penal Code. First respondent is the wife of first petitioner and she is the de facto complainant. Petition is filed under Section 482 of Code of Criminal Procedure to quash the cognizance taken contending that entire disputes were settled amicably and consequent to the settlement, it is not in the interest of justice to continue the prosecution. 2. First respondent appeared though a counsel and filed an affidavit stating that Crmc 3737/10 2 subsequent to the registration of the case entire disputes with the petitioners were settled amicably and she is now living with the petitioners and in such circumstances, it is not in the interest of justice to continue the prosecution and she has no objection for quashing the proceedings. 3. Learned counsel appearing for the petitioners, first respondent and learned Public Prosecutor were heard. 4. Affidavit filed by the first respondent wife establishes that she has settled all the disputes with the petitioners and she is now living with the petitioners as the wife of first petitioner. 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 Crmc 3737/10 3 is not in the interest of justice to continue the prosecution and endanger the peaceful matrimonial life. Petition is allowed. C.C.167/2009 on the file of Chief Judicial Magistrate's Court, Kollam is quashed. M.SASIDHARAN NAMBIAR, JUDGE. uj.