IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 12TH NOVEMBER 2010 / 21ST KARTHIKA 1932 Crl.MC.No. 4503 of 2010 ---------------------------------- [C.C. NO.136/2007 OF THE JUDICIAL FIRST CLASS MAGISTRATE'S COURT, KATTAPPANA] ............ PETITIONERS/ACCUSED: ------------------------------------ 1. BINU, AGED 30 YEARS, S/O. JOSEPH @ KUTTAPPAN, KUNNEPARAMBIL, (MATTAKARA), VELLAYAMKUDI KARA, KATTAPANA VILLAGE. 2. JOSEPH @ KUTTAPPAN, AGED 68 YEARS, KUNNEPARAMBIL, (MATTAKARA), VELLAYAMKUDI KARA, KATTAPANA VILLAGE. 3. AMMINI, AGED 63 YEARS, W/O. JOSEPH @ KUTTAPPAN, KUNNEPARAMBIL, (MATTAKARA), VELLAYANKUDI KARA, KATTAPANA VILLAGE. BY ADVS. SRI.K.S.HARIHARAPUTHRAN, SRI. GEORGE MATHEW, SMT.RAMYA K.V. RESPONDENTS/DE-FACTO COMPLAINANT & STATE: ---------------------------------------------------------------------------- 1. SEENA, AGED 29 YEARS, D/O. JOSEPH, KOLLAMKUNNEL VEETTIL, VELLAYAMKUDI KARA, KATTAPANA VILLAGE, PIN – 685 508, KATTAPANA.P.O. 2. STATE OF KERALA, REP. BY S.I OF POLICE, KATTAPANA, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 BY ADV. SRI.SURIN GEORGE IPE, R2 BY PUBLIC PROSECUTOR SRI. P.A. SALIM. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 12/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No. 4503 OF 2010 =========================== Dated this the 12th day of November,2010 ORDER First petitioner is the husband and first respondent his wife. Petitioners 2 and 3 are the parents of the first petitioner. Petitioners are the accused and first respondent the de facto complainant in C.C.136/2007 on the file of Judicial First Class Magistrate's Court, Kattapana taken cognizance for the offences under section 323, 354, 506(ii) and 498A read with section 34 of Indian Penal Code on Annexure A1 complaint filed by the first respondent. Petition is filed under section 482 of Code of Criminal Procedure to quash the proceedings contending that entire disputes were amicably settled. 2. First respondent appeared through a counsel and filed an affidavit stating that she Crl.M.C.4503/2010 2 has settled all the disputes with the petitioners and therefore she has no objection for quashing the proceedings. 3. Learned counsel appearing for the petitioners and first respondent were heard. 4. The affidavit filed by the first respondent establishes that entire matrimonial and other disputes with the petitioners were settled amicably. As held by the Apex Court in B.S. Joshi and others v. State of Haryana and another (2003) 4 SCC 675) and Madan Mohan Abbot v. State of Punjab (2008(3) KLT 19)when matrimonial disputes and other offences which are purely personal in nature were settled amicably, it is not in the interest of justice to continue the prosecution. Petition is allowed. Cognizance taken by Judicial First Class Magistrate, Kattapana on Annexure A1 complaint in C.C.136/2007 is quashed. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006