IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 25TH FEBRUARY 2010 / 6TH PHALGUNA 1931 Crl.MC.No. 239 of 2010() --------------------------------------- (CC 1145/08 OF JUDICIAL FIRSTCLASS MAGISTRATE COURT,KATTAKADA) .... (CRIME NO.121/08 OF KATTAKADA POLICE STATION) PETITIONER(S): ACCUSED 1-4: ---------------------------------------------- 1. PRASAD KUMAR, S/O.SREEKUMAR, KARIMBUVILAKUZHI MELE PUTHEN VEEDU, ALAMCODE, AMABALATHINKAL, PARACHAL MURI, KULATHUMMAL VILLAGE, NEYYATTINKARA TALUK. 2. SOBHANA, D/O.SAROJINI, DO. DO. 3. AMBI @ AMBIKA, D/O.SAROJINI, DO. DO. 4. HAREESH KUMAR, S/O.THULASI, DO. DO. BY ADV. MR.G.SUDHEER RESPONDENT(S): STATE & DEFACTO COMPLAINANT: -------------------------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. ASHA, D/O.SREEKALA, ARUN BHAVAN, ALAMCODE, AMBALATHINKAL, PARACHAL MURI, KULATHUMMAL VILLAGE, NEYYATTINKARA TALUK. R1 BY PUBLIC PROSECUTOR MR. K.S. SIVAKUMAR R2 BY ADV. MR.S.K.VINOD THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 25/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.SASIDHARAN NAMBIAR,J. ------------------------------------------ CRL.M.C.NO.239 OF 2010 ------------------------------------------ Dated 25th February 2010 O R D E R Petitioners are the accused and second respondent, the de facto complainant in C.C.1145/2008 on the file of Judicial First Class Magistrate, Kattakada taken cognizance for the offences under Section 498 A read with Section 34 of Indian Penal Code. First petitioner is the husband and second respondent the wife. Petition is filed under Section 482 of Code of Criminal Procedure to quash the proceedings contending that entire matrimonial disputes were amicably settled, evidenced by Annexure-A4 compromise petition, filed before the Family court, Nedumangad in O.P.676/2009. Crmc 239/10 2 2. Second respondent appeared through a counsel and filed an affidavit stating that entire matrimonial disputes were amicably settled in O.P.676/2009 on the file of Family court, Nedumangad and in view of the settlement she has no objection for quashing the proceedings. 2. Learned counsel appearing for the petitioners, second respondent and learned Public Prosecutor were heard. 3. Affidavit filed by the second respondent with Annexure-A4 compromise petition filed before the Family court establishes that entire matrimonial disputes were amicably settled. As held by the Apex court in B.S.Joshi and others v. State of Haryana and another (2003(4) SCC 675) in view of the settlement of the matrimonial Crmc 239/10 3 disputes, it is not in the interest of justice to stand on technicalities and proceed with the case. Petition is allowed. C.C.1145/2008 on the file of Judicial First Class Magistrate, Kattakada is quashed. M.SASIDHARAN NAMBIAR, JUDGE. uj.