IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 24TH SEPTEMBER 2009 / 2ND ASWINA 1931 Crl.MC.No. 3101 of 2009 ------------------------------- CMP.132/2007 of JUDL.FIRST CLASS MAGISTRATE, KOTHAMANGALAM .......................................... PETITIONER(S): ACCUSED NOS. 1 & 2 ----------------------------------------------------- 1. REJI JOSEPH, AGED 34 YEARS, S/O. JOSEPH, RESIDING AT KALLUNKAL HOUSE VIKAS BHAVAN COLONY, EDANADU KARA, NELLIKUZHI.P.O. KOTHAMANGALAM VILLAGE. 2. THRESSIAMMA AGED 62 YEARS, W/O. JOSEPH, RESIDING AT KALLUNKAL HOUSE VIKAS BHAVAN COLONY, EDANADU KARA, NELLIKUZHI.P.O., KOTHAMANAGALAM VILLAGE. BY ADV. SRI.A.T.ANILKUMAR SRI.A.V.JAMES SRI.P.DALBI EMMANUEL RESPONDENT(S): COMPLAINANT ------------------------------------------------ 1. THE STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, REP. BY THE SUB INSPECTOR, KOTHAMANGALAM POLICE STATION IN CR. 64/2007. 2. EMILY @ ELIKUTTY AGED 41 YEARS, D/O. THOMAS, RESIDING AT PUTHANPURACKAL HOUSE, PANDARA CITY, VADATTUPARA.P.O., KUTTAMPUZHA VILLAGE. GOVT.PLEADER SRI.AMJAD ALI FOR R1. ADV. SRI.PEEYUS A.KOTTAM FOR R2 SRI.NAVEEN THOMAS FOR R2 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 24/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.SASIDHARAN NAMBIAR,J. ------------------------------------------ CRL.M.C.NO.3101 OF 2009 ------------------------------------------ Dated 24th September 2009 O R D E R Petitioners are the accused and first respondent the de facto complainant in C.C.83/2007 on the file of Judicial First Class Magistrate, Kothamangalam. Second respondent is the wife of first petitioner and second petitioner is the mother of first petitioner. Learned Magistrate has taken cognizance for the offence under Section 498 A read with Section 34 of Indian Penal Code on Annexure-A2 final report. This petition is filed under Section 482 of Code of Criminal Procedure to quash the proceedings contending that the entire matrimonial disputes were settled between the petitioners and second respondent. 2. Second respondent appeared through a counsel. Petitioners along with second respondent filed a joint statement to the effect that the entire matrimonial disputes were amicably settled and in view of the settlement proceedings are to be quashed. 3. Learned counsel appearing for CRMC 3101/09 2 petitioners, second respondent and learned Public Prosecutor were heard. 4. Annexure-A2 final report shows that learned Magistrate has taken cognizance for the offence under Section 498 A read with Section 34 of Indian Penal Code finding that the petitioners have treated second respondent with cruelty. Joint statement filed by the petitioners along with second respondent establish that the entire disputes were amicably settled. In such circumstances as held by the Apex court in B.S.Joshi and others v. State of Haryana and another (2003(4) SCC 675) it is not in the interest of justice to stand on technicalities and cause hurdles to the matrimonial settlement. Petition is allowed. C.C.83/2007 on the file of Judicial first Class Magistrate, Kothamangalam is quashed. M.SASIDHARAN NAMBIAR, JUDGE. uj.