IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 11TH AUGUST 2009 / 20TH SRAVANA 1931 Crl.MC.No. 2363 of 2009() ------------------------------------ CC.2565/2008 of JUDL.MAGISTRATE OF FIRST CLASS COURT-II, KOLLAM .................... PETITIONER/ACCUSED NO.1: ------------------------------------------- CHRISTEEN, S/O.LATE LAZER, CHARUVILA PUTHEN VEEDU, MYLAKKADU CHERRY, THAZHUTHALA VILLAGE, KOLLAM. BY ADV. MR.BRIJESH MOHAN SMT.RESMI G. NAIR RESPONDENTS/STATE & COMPLAINANT: ----------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. AJITHA CHRISTEEN, W/O.CHRISTEEN, CHARUVILA PUTHEN VEEDU, MYLAKKADU CHERRY, THAZHUTHALA VILLAGE, KOLLAM. R1 BY PUBLIC PROSECUTOR MR.AMJAD ALI. R2 BY ADV. MR.E.C.BINEESH. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 11/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.2363 of 2009 -------------------------- ORDER Petitioner was the first accused in C.C.No. 2297/2006 on the file of Judicial First Class Magistrate's Court-II, Kollam. Prosecution case as against the four accused was that they committed offences under Sections 498A, 323 and 342 read with Section 34 of Indian Penal Code. Second respondent is the wife of the petitioner and other accused are her in-laws. As per Anneuxre-II judgment dated 23.9.2008, learned Magistrate acquitted accused 2 to 4 finding them not guilty of the offences. The case as against the petitioner, who was absconding, was split up and refiled as C.C.No.2565/2008. This petition is filed under Section 482 of Code of Criminal Procedure to quash the case as against the petitioner contending that there was an amicable settlement of all the disputes with the second respondent and petitioner and second respondent are now leading a happy matrimonial life and in the interest of justice, the case is to be CRMC 2363/09 2 quashed. 2. Annexure-III affidavit of the second respondent is also filed in support of the case. It shows that subsequent to registration of the case and submission of the final report, there was a complete settlement of all the disputes between the petitioner and second respondent and they are now living together as husband and wife. In such circumstances, it is not, in the interest of justice, to continue the proceedings and jeo pardise the matrimonial life. As held by the Apex Court in B.S.Joshi v. State of Haryana ((2003) 4 SCC 675), in a case of this nature, where the case arose out of a matrimonial dispute and there was a settlement of the disputes and husband and wife are living together, technicalities shall not stand in the way of a happy cordial matrimonial life. In such circumstances, petition is allowed. C.C. No.2565/2008 on the file of Judicial First Class Magistrate's Court-II, Kollam as against the petitioner is quashed. 11th August, 2009 (M.Sasidharan Nambiar, Judge) tkv