IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 25TH NOVEMBER 2010 / 4TH AGRAHAYANA 1932 Crl.MC.No. 4638 of 2010() ------------------------- CC.4967/2010 of JUDL. MAGISTRATE OF FIRST CLASS COURT, IRINJALAKUDA CRIME NO.604/2010 OF VARANDARAPILLY POLICE STATION. .................... PETITIONER(S): ACCUSED: ----------------------------------------- SAJITH, S/O.RAJAN, KUNDANI HOUSE, ATTAPILLY DESOM, NANDIPULAM VILLAGE, MUKUNDAPURAM TALUK, THRISSUR. BY ADVS. SRI.P.SANTHOSH (PODUVAL) SMT.R.RAJITHA RESPONDENT(S): DEFACTO-COMPLAINANT & STATE: ------------------------------------------------------------------------------ 1. M.G.JINI, AGED 27 YEARS, D/O.MANNUKKADAN GEORGE, KUNDANI HOUSE, ATTAPILLY DESOM, THRISSUR. 68001. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 682 031. R1 BY ADV. SRI.M.REVIKRISHNAN R2 BY PUBLIC PROSECUTOR SRI.I.V.PRAMOD THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 25/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No. 4638 OF 2010 =========================== Dated this the 25th day of November,2010 ORDER Petitioner is the accused and first respondent the de facto complainant in C.C.4967/2010 on the file of Judicial First Class Magistrate Court, Irinjalakuda taken cognizance for the offence under sections 498A and 506(i) read with section 34 of Indian Penal Code on Annexure B final report. Petition is filed under section 482 of Code of Criminal Procedure to quash the proceedings contending that entire disputes were settled amicably and consequent to the settlement, it is not in the interest of justice to continue the prosecution. 2. First respondent appeared through a counsel and filed an affidavit stating that entire matrimonial disputes were settled Crl.M.C.4638/2010 2 amicably and consequent to the settlement, it is not in the interest of justice to continue the prosecution. 3. Learned counsel appearing for the petitioner, first respondent and learned Public Prosecutor were heard. 4. Petitioner and first respondent are husband and wife. The affidavit filed by first respondent establishes that entire matrimonial disputes were settled amicably. An offence under section 506(1) of Indian Penal Code is compoundable. As held by the Apex Court in B.S. Joshi and others v. State of Haryana and another (2003) 4 SCC 675) when matrimonial disputes are settled amicably, it is not in the interest of justice to continue the prosecution. Petition is allowed. C.C. 4967/2010 on the file of Judicial First Class Magistrate Court, Irinjalakuda is quashed. M.SASIDHARAN NAMBIAR JUDGE Crl.M.C.4638/2010 3 tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006