IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS TUESDAY, THE 20TH APRIL 2010 / 30TH CHAITHRA 1932 Crl.MC.No. 1318 of 2010() ------------------------- CC.635/2008 of JUDL.MAGISTRATE OF FIRST CLASS-I, MUVATTUPUZHA .................... PETITIONER(S)/ DEFACTO COMPLAINANT & ACCUSED: --------------------------------------------------------------- 1. BISY SABU, W/O SABU K. JACOB, KALAPPURAYIL HOUSE, PIRAVORM. 2. SABU K. JACOB. S/O CHACKO, KALAPPURAYIL HOUSE, PIRAVORM. BY ADV. SRI.GEORGE SEBASTIAN RESPONDENT(S)/ COMPLAINANT : ---------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SMT. M.K. PUSHPALATHA. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 20/04/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.L. JOSEPH FRANCIS, J. = = = = = = = = = = = = = = = Crl.M.C. No.1318 of 2010 = = = = = = = = = = = = = = = Dated this the 20th day of April, 2010. O R D E R Heard the learned counsel for the petitioner and the learned Public Prosecutor. 2. The 1st petitioner is the wife of second petitioner. On the basis of the prosecution initiated at the instance of the 1st petitioner C.C.635/08 is pending before the Judicial First Class Magistrate, Muvattupuzha against the 2nd petitioner under S.498- A of IPC. The 1st petitioner filed an affidavit stating that the matter is settled between them and they are residing together and that the 1st petitioner has no intention to proceed with the case and has no objection in quashing the same. Since the spouses have started living amicably and the wife has condoned the offence of matrimonial cruelty this Crl.M.C. jointly filed by wife and husband to quash C.C.635/08 on the file of the Judicial First Class Magistrate, Muvattupuzha can be allowed to secure the ends of justice. Accordingly this Crl.M.C. is allowed. The Crl.M.C. No.1318 of 2010 -2- further proceedings against the 2nd petitioner in C.C.635/08 on the file of the Judicial First Class Magistrate, Muvattupuzha is quashed. Sd/- M.L. JOSEPH FRANCIS, JUDGE. ul/- [true copy] P.A. To Judge.