IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 28TH SEPTEMBER 2010 / 6TH ASWINA 1932 Crl.MC.No. 3956 of 2010() ------------------------- CC.589/2010 of JUDL.MAGISTRATE OF FIRST CLASS, VADAKARA .................... PETITIONER(S): ACCUSED ------------------------------------ ASHRAF, S/O.SULAIMAN, PADINJARE VALAPPIL, MUTTUNGAL AMSOM DESOM, P.O.MUTTUNGAL WEST, VATAKARA TALUK, VATAKARA, KOZHIKODE DISTRICT. BY ADVS. SRI.RAJIT SRI.RANJIT BABU RESPONDENT(S): STATE AND DEFACTO COMPLAINANT ----------------------------------------------------------------------------------- 1. STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE, VATAKARA POLICE STATION, VATAKARA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN-682 018. 2. FARIESHA, W/O.ASHARAF, MUTHACHIKANDI HOUSE, MUTTUNGAL AMSOM DESOM, P.O.MUTTUNGAL WEST, VATAKARA TALUK, VATAKARA, KOZHIKODE DISTRICT. R1 BY PUBLIC PROSECUTOR SMT.REKHA C.NAIR. R2 BY SRI.M.L.SURESH KUMAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 28/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss M.SASIDHARAN NAMBIAR,J. --------------------------------------------- CRL.M.C.NO.3956 OF 2010 --------------------------------------------- Dated 28th September, 2010 O R D E R Petitioner is the accused and second respondent the de facto complaint in C.C.589/2010 on the file of Judicial First Class Magistrate's Court, Vatakara taken cognizance for the offences under Sections 498A and 406 of Indian Penal Code in crime No.391/2010 registered under Annexure-1 FIR, based on a private complaint filed by the second respondent before Judicial First Class Magistrate, Vatakara and sent for investigation under Section 156(3) of Code of Criminal Procedure. Petition is filed under Section 482 of Code of Criminal Procedure, to quash the proceedings contending that entire matrimonial disputes were settled amicably and consequent Crmc 3956/10 2 to the settlement, second respondent has no subsisting grievance against the petitioner. 2. Second respondent appeared through a counsel and filed an affidavit stating that subsequent to the registration of the case, entire matrimonial disputes were settled amicably and she is now living with the petitioner and consequent to the settlement she has no grievance against the petitioner and therefore, the case is to be quashed as sought for. 3. Learned counsel appearing for the petitioner, second respondent and learned Public Prosecutor were heard. 4. The affidavit filed by the second respondent wife establishes that subsequent to the registration of the case, she has settled all the matrimonial disputes with the Crmc 3956/10 3 petitioner and she is now living with the 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 are settled amicably and the husband and wife are living under one roof, it is not in the interest of justice to stand on technicalities and continue the prosecution and jeopardize the married life. In such circumstances, it is not in the interest of justice to continue the prosecution. Petition is allowed. C.C.589/2010 on the file of Judicial First Class Magistrate's Court, Vatakara is quashed. M.SASIDHARAN NAMBIAR, JUDGE. uj.