IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 8TH APRIL 2009 / 18TH CHAITHRA 1931 Crl.MC.No.1291 of 2009 --------------------------- CC.452/2008 of CHIEF JUDICIAL MAGISTRATE, KASARAGOD .................... PETITIONER/1ST ACCUSED: ------------------------------- MUHAMMED ASIF, AGED 27 YEARS, S/O.LATE MUHAMMED KUNHI, RESIDING AT KORAKUNNU HOUSE, BENDICHAL, POST THEKKIL, KASARAGOD TALUK AND DISTRICT. BY MR.C.K.SREEJITH, ADVOCATE. RESPONDENTS: ------------------ 1. RABIYA.K.A.,AGED 21 YEARS, D/O.ABDULLA K.M., KUNIYA HOUSE, PERIYA VILLAGE AND POST, KASARAGOD TALUK AND DISTRICT. 2. THE STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY MR. AMJAD ALI, PUBLIC PROSECUTOR MR.GEROGE SIMON, ADVOCATE. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 08/04/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. --------------------------------------- Crl.M.C.No.1291 OF 2009 --------------------------------------- Dated this the 8th day of April, 2009. O R D E R This petition is filed with a prayer to quash the proceedings in C.C.No.452/2008 on the file of the Chief Judicial Magistrate, Kasaragod. The petitioner herein stands accused of offence under Sections 498A, 341 and 323 of the Indian Penal Code. It was a complaint filed by the wife against the husband. Now the wife and the husband have settled the matter and the wife is represented through a counsel, and an affidavit is filed to the effect that they have decided to separate themselves and she does not want to continue the prosecution. 2. In such case, the modality to be adopted has been laid by the Apex Court in B.S.Joshi and others vs. State of Haryana and another ((2003) 4 SCC 675). The Apex Court had held that settlement of matrimonial disputes should be encouraged and that hyper technicality should not lead to counter productivity and further the High Court invoking power under Crl.M.C.No.1291/2009 2 Section 482 Cr.P.C is also expected to look into the end result of the prosecution. Applying this dictum to the facts of the present case, it can be seen that the husband and the wife have separated and they have created a happy atmosphere for themselves, and so it may not be correct to direct themselves to continue the prosecution. Therefore, I quash the entire proceedings in C.C.No.452/2008 pending before the Chief Judicial Magistrate, Kasaragod. This Crl.M.C is allowed. M.N. KRISHNAN JUDGE smp Crl.M.C.No.1291/2009 3 M.N.KRISHNAN, J. Crl.M.C. No.1291 OF 2009 O R D E R 08.04.2009