IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 1ST NOVEMBER 2010 / 10TH KARTHIKA 1932 Crl.MC.No. 4371 of 2010() ----------------------------------- CC.436/2010 of ADDL.CHIEF JUDICIAL MAGISTRATE COURT, THALASSERY .................... PETITIONER(S): ACCUSED -------------------------------------- 1. V.N.SATHYA NARAYANAN, S/O. NARAYANAN, AGED 37 YEARS, NEW DATTA DARSHAN, 1ST FLOOR, FLAT NO.8, BEHIND MODEL SCHOOL, PANDURANGAVADI, DOMBIVLI(EAST) MUMBAI. 2. NARAYANAN WARRIER, S/O. VASUDEVAN NAMBOODIRI, AGED 75 YEARS, RESIDING AT 7 VIRAL SADAN, 2ND FLOOR, NEAR HARDIKAR HOSPITAL, GANDHI NAGAR DOMBIVIL (E)-421201. 3. INDIRA N. WARRIER, W/O. NARAYANAN WARRIER, AGED 70 YEARS, RESIDING AT 7 VIRAL SADAN 2ND FLOOR NEAR HARDIKAR HOSPITAL, GANDHI NAGAR DOMBIVIL (E)-421201. 4. SETHULAKSHMI WARRIER, D/O. NARAYANAN WARRIER, AGED 42 YEARS, RESIDING AT 7 VIRAL SADAN, 2ND FLOOR, NEAR HARDIKAR HOSPITAL, GANDHI NAGAR DOMBIVIL (E)-421201. 5. SAI GEETHA MENON, D/O. NARYANAN WARRIER, AGED 40 YEARS, 1 BHAPPI CHS LTD, ANAND PARK, THANE (W) 400601. 6. SEETHALAKSHMI WARRIER, D/O. NARAYANAN WARRIER, AGED 37 YEARS, RESIDING AT 101 MANOJ APARTMENTS, D WING GOKUL ANGN AMBADIROAD, VASAI (W) 401202. BY ADVS. SRI.SUNIL NAIR PALAKKAT SRI.K.N.ABHILASH SMT.R.LEELA CRL.M.C.NO.4371/2010 RESPONDENT(S): DEFACTO COMPLAINANT & STATE ---------------------------------------------------------------------------- 1. VIDYA.P., D/O. RAMACHANDARA MARAR, AGED 25 YEARS, RESIDING AT PAZHAYAMADAM, P.O., KOTTAYAMPOYIL KATHIRUR AMSOM DESOM, THALASSERY TALUK, KANNUR DISTRICT-670691. 2. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 3. STATION HOUSE OFFICER, KTHIRUR POLICE STATION, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 BY ADV. SRI.JACOB SEBASTIAN R2 & R3 BY PUBLIC PROSECUTOR SRI.P.A.SALIM THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts M.SASIDHARAN NAMBIAR, J ........................................... CRL.M.C.NO. 4371 OF 2010 ............................................ DATED THIS THE 1ST DAY OF NOVEMBER, 2010 ORDER Petitioners are accused and first respondent, the defacto complainant in C.C.436 of 2010 on the file of Additional Chief Judicial Magistrate Court, taken cognizance for the offence under Section 498A and 406 of I.P.C on Annexure A3 complaint filed by the first respondent, wife. Petition is filed under Section 482 of Code of Criminal Procedure to quash proceedings contending that the entire matrimonial disputes were settled amicably and consequent to settlement, it is not in the interest of justice to continue proceedings. Learned counsel appearing for the petitioners and first respondent were heard. 2. The affidavit filed by the first respondent wife shows that the entire matrimonial disputes were settled amicably and consequent to the settlement, she has no subsisting grievance against petitioners. As held by Apex Court in V.S.Joshi V. State of Haryana (2003(2) KLT 1062), when matrimonial disputes are settled amicably, it is not in the CRMC 4371/2010 2 interest of justice to continue proceedings standing on technicalities. As it is established that the matrimonial disputes were settled, it is not in the interest of justice to continue proceedings. Petition is allowed. C.C.436 of 2010 on the file of Additional Chief Judicial Magistrate Court is quashed. M.SASIDHARAN NAMBIAR, JUDGE lgk