IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 1ST MARCH 2010 / 10TH PHALGUNA 1931 Crl.MC.No. 682 of 2010() ------------------------ [CC.NO.416/2009 OF JUDL.MAGISTRATE OF FIRST CLASS - I, NORTH PARAVUR] .................... PETITIONERS/ACCUSED: ------------------------------------ 1. SUKUMARAN, AGED 63 YEARS, S/O.KRISHNAN, KUMARTHERIL HOUSE, KEDAMANGALAM KARA, PARAVUR VILLAGE. 2. BIJOY, AGED 36 YEARS, S/O.SUKUMARAN, KUMARTHERIL HOUSE, KEDAMANGALAM KARA, PARAVUR VILLAGE. 3. SARASWATHI, AGED 56 YEARS, W/O.SUKUMARAN, KUMARTHERIL HOUSE, KEDAMANGALAM KARA, PARAVUR VILLAGE. BY ADV. MR.P.K.SAJEEV. RESPONDENTS/COMPLAINANTS: ------------------------------------------------- 1. SHITHI, AGED 30 YEARS, W/O.BIJOY, KUMARTHERIL HOUSE, KEDAMANGALAM KARA, PARAVUR VILLAGE, NOW RESIDING AT PANDIKASALAKKAL HOUSE, MUNAMBAM KARA, KUZHUPPILLY VILLAGE. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 BY ADV. MR.C.D.DILEEP, R2 BY PUBLIC PROSECUTOR MR. S.U. NAZAR. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No. 682 OF 2010 =========================== Dated this the 1st day of March,2010 ORDER Petitioners are the accused and first respondent the de facto complainant in C.C.416/2009 on the file of Judicial First Class Magistrate's Court, North Paravur taken cognizance for the offences under sections 403, 498A read with section 34 of Indian Penal Code on Annexure A2 final report. Crime No.1326/2008 was registered under Annexure A1 F.I.R, based on a private complaint filed by the first respondent before the Judicial First Class Magistrate's Court, North Paravur and sent for investigation under section 156(3) of Code of Criminal Procedure. This petition is filed under section 482 of the Code of Criminal Procedure to quash the proceedings contending that entire matrimonial disputes were Crl.M.C.682/2010 2 amicably settled between the petitioners and first respondent and in view of the settlement it is not in the interest of justice to continue the prosecution. 2. First respondent appeared through a counsel and filed an affidavit stating that the case was registered based on her complaint and subsequently the entire disputes were amicably settled and there is 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. Annexure A2 final report establishes that the case against the petitioners is that they committed matrimonial offences. Second petitioner is the husband of the first respondent. The affidavit filed by the first respondent establishes that entire matrimonial disputes were settled Crl.M.C.682/2010 3 amicably and in view of the settlement she has no subsisting grievance against the petitioners. 5. As held by the Apex Court in B.S.Joshi v. State of Haryana (2003) 4 SCC 675) when the matrimonial disputes were amicably settled between the parties, it is not in the interest of justice to stand on technicalities and continue the prosecution. As it is established that the entire matrimonial disputes were settled, it is not in the interest of justice to continue the prosecution. Petition is allowed. C.C.416/2009 on the file of Judicial First Class Magistrate's Court, North Paravur is quashed. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006