IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 30TH NOVEMBER 2010 / 9TH AGRAHAYANA 1932 Crl.MC.No. 4688 of 2010() ------------------------------------ ( CRIME NO. 138/2010, TIRUR POLICE STATION) ---------------------- PETITIONER(S): DEFACTO COMPLAINANT ------------------------------------------------------------- RASEENA, D/O. MOIDEENKUTTY, VELLADATH HOUSE, THIRUNAVAYA, TIRUR TALUK, MALAPPURAM. BY ADV. SRI.SAJU.S.A RESPONDENT(S): STATE/ACCUSED ---------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. KIZHAKKUMPATTU KAMMUKUTTY, KIZHAKKUMPATTU HOUSE, KORANGATHU TIRUR 1, MALAPPURAM.PIN- 676 101. 3. KIZHAKKUMPATTU ABDU RAHIMAN, KIZHAKKUMPATTU HOUSE, KORANGATHU TIRUR 1, MALAPPURAM. PIN- 676 101. 4. AYISHA, W/O. KIZHAKKUMPATTU ABDU RAHIMAN, KIZHAKKUMPATTU HOUSE, KORANGATHU TIRUR 1, MALAPPURAM.PIN- 676 101 R1 BY PUBLIC PROSECUTOR SRI. I.V. PRAMOD THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 30/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts M.SASIDHARAN NAMBIAR,J. --------------------------------------------- CRL.M.C.NO.4688 OF 2010 --------------------------------------------- Dated 30th November, 2010 O R D E R De facto complainant, the wife of the second respondent in Crime No.138/2010 of Tirur Police Station registered for the offence under Section 498 A of Indian Penal Code on Annexure-1 first information report, filed this petition under Section 482 of Code of Criminal Procedure to quash the proceedings contending that entire disputes were amicably settled and therefore, it is not in the interest of justice to continue the prosecution. 2. As held by the Apex Court in B.S.Joshi and others v. State of Haryana and another (2003(4) SCC 675) when the matrimonial disputes were settled amicably, it Crmc 4688/10 2 is not in the interest of justice to stand on technicalities and continue the prosecution. De facto complainant, wife herself filed this petition stating that she has settled all the matrimonial disputes. Therefore, it is not in the interest of justice to continue the prosecution. In such circumstances, petition is allowed. Crime No.138/2010 of Tirur Police Station is quashed. M.SASIDHARAN NAMBIAR, JUDGE. uj.