IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 24TH NOVEMBER 2010 / 3RD AGRAHAYANA 1932 Crl.MC.No. 4627 of 2010 ---------------------------------- [CC.NO.612/2010 OF JUDICIAL MAGISTRATE OF FIRST CLASS COURT, WADAKKANCHERY, CRIME NO.47/2010 OF CHERUTHURUTHI POLICE STATION] .................... PETITIONERS/ACCUSED 1 TO 4: ----------------------------------------------- 1. MANOJ, AGED 30 YEARS, S/O. SARATH CHANDRAN, KARATTU THODI HOUSE, PALLUR VILLAGE, TRISSUR. 2. SARATH CHANDRAN, S/O. BHASKARAN, KARATTU THODI HOUSE, PULLUR VILLAGE, TRISSUR. 3. RATHNAVALLI, W/O. SARATH CHANDRAN, KARATTU THODI HOUSE, PULLUR VILLAGE, TRISSUR. 4. DIVYA, D/O. SARATH CHANDRAN, KARATTU THODI HOUSE, PULLUR VILLAGE, TRISSUR. BY ADVS. SRI. K.SHAJ, SRI.SAJJU.S, SRI.V.MANJU. RESPONDENTS/STATE AND DEFACTO COMPLAINANT/CW1: --------------------------------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM. 2. RENJU, D/O. RAJAN, KUNNATHU VEEDU THIRUMUTTAKODE, TRISSUR. R1 BY PUBLIC PROSECUTOR SRI. P.A. SALIM. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 24/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. M.SASIDHARAN NAMBIAR,J. --------------------------------------------- CRL.M.C.NO.4627 OF 2010 --------------------------------------------- Dated 24th November, 2010 O R D E R Petitioners are the accused and second respondent, the de facto complainant in C.C.612/2010 on the file of Judicial First Class Magistrate's Court, Wadakkancherry, taken cognizance for the offence under Section 498 A read with Section 34 of Indian Penal Code on Annexure-A1 final report. 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 to the settlement, it is not in the interest of justice to continue the prosecution. 2. Second respondent appeared through a counsel and filed an affidavit stating that Crmc 4627/10 2 she has settled all the matrimonial disputes with the petitioners and she has no subsisting grievance against them and therefore, the case is to be quashed. 3. Learned counsel appearing for the petitioners, second respondent and learned Public Prosecutor were heard. 4. As declared by the Apex Court in B.S.Joshi and others v. State of Haryana and another (2003(4) SCC 675), when matrimonial disputes were settled amicably, it is not in the interest of justice to continue the prosecution. Affidavit filed by second respondent establishes that entire matrimonial disputes were settled amicably. Hence it is not in the interest of justice to continue the prosecution. Petition is allowed. C.C.612/2010 on the Crmc 4627/10 3 file of Judicial First Class Magistrate's Court, Wadakkancherry is quashed. M.SASIDHARAN NAMBIAR, JUDGE. uj. Crmc 4627/10 4