IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 30TH MARCH 2009 / 9TH CHAITHRA 1931 Crl.MC.No. 3227 of 2007() ------------------------------------ CRIME NO.439/2002 OF PEROORKADA POLICE STATION. CC.477/2006 of JUDL. MAGISTRATE OF FIRST CLASS COURT-II, TRIVANDRUM .................... PETITIONER(S): ACCUSED ------------------------- SANTHOSH KUMAR, S/O. THANKAPPAN, AGED 35 YEARS, POOTHARA VEETTIL, KARAPPUZHA KARA, KOTTAYAM VILLAGE, KOTTAYAM TALUK, KOTTAYAM DISTRICT. BY ADVS. MR.GEO PAUL MR.SANU MATHEW RESPONDENT(S): COMPLAINANT AND STATE ------------------------- 1. ANANJANA @ KEERTHI, AGED 25 YEARS, TC 4/478-1, ABHAYA, RANGOON LANE, AMBALAMUKKU, KURAVANKONAM WARD,KAVADIYAAR VILLAGE, THIRUVANANTHAPURAM. 2. STATE OF KERALA, REPRESENTED BY CIRCLE INSPECTOR, PEROORKADA POLICE STATION, BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY ADVS.MR.S.P.ARAVINDAKSHAN PILLAY FOR R1 SMT.N.SANTHA FOR R1 MR.S.A.ANAND FOR R1 MR.PETER JOSE CHRISTO FOR R1 PUBLIC PROSECUTOR MT.GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 30/03/2009, ALONG WITH CRMC NO. 798 OF 2009 THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ORDER ON CRL.MA. NO.5893/2009 IN CRL.MC. NO.3227/2007 Dismissed 30.03.2009 SD/- M.N.KRISHNAN, JUDGE TRUE COPY P.A. TO JDUGE TSS M.N. KRISHNAN, J. = = = = = = = = = = = = = = CRL.M.C. Nos. 3227/07 & 798/09 = = = = = = = = = = = = = = = Dated this the 30th day of March, 2009. O R D E R Crl.M.C.3227/07 is filed to quash Annexure A6 charge and all further proceedings in C.C.477/06 and Crl.M.C. 798/09 is filed with a prayer to quash all further proceedings in C.C.476/06 pending before the Judicial First Class Magistrate-II, Thiruvananthapuram. C.C.476/06 is a case with the allegation of offences u/Ss. 342, 323 and 32 IPC. C.C.477/06 is filed with the allegation of offences under S.498A, 323 and 427 IPC. Now the parties have settled all the disputes among themselves and they do not want to continue the criminal prosecution. 2. All these cases had arisen out of the matrimonial disputes between the husband and wife. I am informed and an affidavit is filed by the wife to the effect that they have settled the matrimonial dispute in O.P.14/03 and filed a petition for dissolution of marriage u/s 13(B) of the Hindu Marriage Act. Both of them are leading a separate family life Crl.M.C. Nos.3227/07 & 798/09 -:2:- now and they do not want to continue the prosecution proceedings pending as C.C.476/06 and 477/06. 3. The other accused in the case are the parents etc. The starting point of the litigation and prosecution and end point of the litigation and prosecution is only on account of the matrimonial dispute and unfortunately the matrimonial relationship did not last long and now what is the modality to be adopted in such cases when these types of cases are filed had been laid down in Joshi's case(B.S. Joshi v. State of Haryana (2003 (4) SCC 675). The Hon'ble Apex Court has given guidelines and has held that while invoking jurisdiction u/s 482Cr.P.C the Court can look into the end point of litigation and whether there will be any point in continuing such a litigation. The Apex Court also held that the Court shall encourage settlement of matrimonial disputes. It was further held that hypertechnicality should not lead to a situation of counterproductivity and the intention of the legislature shall not be defeated. Turning to the facts of this case the husband and wife have decided to Crl.M.C. Nos.3227/07 & 798/09 -:3:- separate and live in a better harmonious atmosphere by putting an end to the marriage by a petition u/s 13(B). Other proceedings which are totally connected with the matrimonial disputes are also settled between the parties. Therefore there is no point in asking the parties to face the trial in a criminal prosecution when they had themselves created a peaceful atmosphere by separate living. Therefore invoking the dictum to the facts of the present case I exercise my jurisdiction u/s 482Cr.P.C and quash all further proceedings in C.C.476/06 and C.C.477/06 pending before the Judicial First Class Magistrate-II, Thiruvananthapuram thereby both these Crl.M.Cs. are allowed. M.N. KRISHNAN, JUDGE. ul/-