IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 14TH JULY 2009 / 23RD ASHADHA 1931 Crl.MC.No. 2266 of 2009 -------------------------------- CC.552/2008 of JUDL.MAGISTRATE OF FIRST CLASS-I, MUVATTUPUZHA .................... PETITIONER(S): ACCUSED ------------------------------------- 1. SAJU JOHN, AGED 36 YEARS, S/O.JOHN, PERUMBARA THAZHATHU HOUSE, MANNATHOOR KARA, THIRUMARADY VILLAGE, MUVATTUPUZHA TALUK. 2. JOHN, AGED 68 YEARS, S/O.CHACKO, PERUMBARA THAZHATHU HOUSE, MANNATHOOR KARA, THIRUMARADY VILLAGE, MUVATTUPUZHA TALUK. 3. ELIAMMA, W/O.JOHN, AGED 65 YEARS, PERUMBARA THAZHATHU HOUSE, MANNATHOOR KARA, THIRUMARADY VILLAGE, MUVATTUPUZHA TALUK. BY ADV. SRI.GEO PAUL SRI.SANU MATHEW SRI.LAL K.JOSEPH RESPONDENT(S): COMPLAINANT& CW1 ---------------------------------------------------------- 1. JINCY, W/O.SAJU, AGED 30 YEARS, PERUMBARA THAZHATHU HOUSE, MANNATHOOR KARA, THIRUMARADY VILLAGE, MUVATTUPUZHA TALUK. 2. STATE OF KERALA, REPRESENTED BY SUB INSPECTOR, KOOTHATTUKULAM POLICE STATION BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. R1 BY ADV.SRI.LAL K.JOSEPH R2 BY PUBLIC PROSECUTOR SRI.THOMAS T.AMBOOKAN THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 14/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: dkr M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.2266 of 2009 -------------------------- ORDER Petitioners are the accused and first respondent the defacto complainant in C.C.No. 552/2008 on the file of Judicial First Class Magistrate's Court, Muvattupuzha. Case against the petitioners is that they committed an offence under Section 498A read with Section 34 of Indian Penal Code. First petitioner and first respondent are husband and wife. Petitioners 2 and 3 are the parents of the first petitioner. This petition is filed under Section 482 of Code of Criminal Procedure to quash the proceedings contending that subsequently, there was a settlement of all the disputes between the petitioners and first respondent and they are now living together and in such circumstances, there is no necessity to proceed with the case and to preserve matrimonial peace and cordiality, it is necessary to quash the CRMC 2266/09 2 proceedings. 2. An affidavit is filed by the first respondent stating that there was an amicable settlement of the disputes and she is now residing with the first petitioner and with their children they are leading a peaceful and cordial life and it may not be disturbed by proceeding with the case and therefore, the case is to be quashed. 3. Learned counsel appearing for the petitioners and first respondent and learned Public Prosecutor were heard. 4. Case as against the petitioners is that they committed an offence under Section 498A of Indian Penal Code. Affidavit of the first respondent and submissions of her counsel as well as the petitioners establish that there was an amicable settlement of all the disputes and husband and wife are now living together peacefully. Therefore, in the interest of justice, to preserve matrimonial peace and cordiality, the case is to be CRMC 2266/09 3 quashed. As held by the Apex Court in B.S.Joshi v. State of Haryana ((2003) 4 SCC 675), it is not, in the interest of justice, to stand on technicalities and to jeo pardise the settlement arrived at by the parties in a matrimonial dispute. Petition is allowed. C.C.No.552/2008 on the file of Judicial First Class Magistrate's Court, Muvattupuzha as against the petitioners is quashed. 14th July, 2009 (M.Sasidharan Nambiar, Judge) tkv