IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 4TH DECEMBER 2009 / 13TH AGRAHAYANA 1931 Crl.MC.No. 3824 of 2009() ------------------------------------ CC.628/2009 of JUDL. MAGISTRATE OF FIRST CLASS COURT, KUNNAMANGALAM .................... PETITIONER(S): ---------------------- 1. SHIBU, S/O. PETER, LOVE DALE KOTTOOLY.P.O., KOZHIKODE. 2. SHYAM LAL, S/O. PETER, LOVE DALE, KOTTOOLY.P.O., KOZHIKODE. BY ADV. MR.P.V.KUNHIKRISHNAN RESPONDENTS/COMPLAINANT --------------------------------------------- 1. SUMITHA, D/O. SUNNY, CHALUMBATTIL HOUSE, MARYKUNNU.P.O. KOZHIKODE. 2. STATE OF KERALA REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R2 BY PUBLIC PROSECUTOR MR.S.U. NAZAR. R1 BY ADV. MR.SAKIR.K.H. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 04/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No. 3824 OF 2009 =========================== Dated this the 4th day of December,2009 ORDER Petitioners are the accused and first respondent the de facto complainant in C.C.628/2009 on the file of Judicial First Class Magistrate Court, Kunnamangalam taken cognizance for the offences under sections 498A, 323 and 325 read with section 34 of Indian Penal Code on Annexure A complaint. First respondent is the wife of the first petitioner. This petition is filed under section 482 of the Code of Criminal Procedure to quash the cognizance taken and the proceedings pending before the learned Magistrate, contending that entire disputes were settled amicably and the husband and wife are now living together under the same roof amicably and hence it is not in the interest of justice to continue the prosecution. 2. First respondent appeared through a counsel and filed Annexure B affidavit stating that entire matrimonial disputes were settled amicably and now she is living along with her husband the first petitioner and in such circumstances, she has no grievance against Crl.M.C.3284/2009 2 the petitioners and for their future welfare, it is not in the interest of justice to continue the prosecution and therefore the case is to be quashed. 3. Learned counsel appearing for the petitioners, first respondent and learned Public Prosecutor were heard. 4. The offences alleged against the petitioners are matrimonial offences. The affidavit filed by the first respondent, establish that entire matrimonial disputes were settled amicably and the husband and wife are now living together cordially. As held by the Apex Court in B.S. Joshi v. State of Haryana (2003) 4 SCC 675) when the matrimonial disputes were settled amicably, it is not in the interest of justice to stand on technicalities and continue the prosecution. It is more so, when consequent to the settlement, chances of a successful prosecution is very bleak. Petition is allowed.C.C.628/2009 on the file of Judicial First Class Magistrate Court, Kunnamangalam is quashed. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006