IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 7TH DECEMBER 2010 / 16TH AGRAHAYANA 1932 Crl.MC.No. 4780 of 2010() ----------------------------------- CC.485/2010 of JUDL.MAGISTRATE OF FIRST CLASS-I, THAMARASSERY CRIME NO.297/2010 OF KODUVALLY POLICE STATION. .................... PETITIONER(S): ACCUSED: -------------------------------------- 1. HABEEB RAHMAN, S/O.ABOOBACKER HAJI, AGED 29 YEARS, KELAMPARAMBIL, KODUVALLY, KOZHIKODE. 2. PATHUMMA, W/O.ABOOBACKER HAJI, AGED 46 YEARS, PONPARACKAL, KARUVANPOYIL, KODUVALLY. BY ADV. SRI.K.A.SALIL NARAYANAN RESPONDENT(S): STATE & COMPLAINANT: ---------------------------------------------------------------- 1. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SHAHIJA, D/O.ABDUL KHADER, AGED 19 YEARS, PANTHALAMKUYIL, VENNAKKODE P.O., MALAYAMMA. R1 BY GOVT. PLEADER SRI.I.V.PRAMOD R2 BY ADV. SRI.NISHIL.P.S. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 07/12/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No. 4780 OF 2010 =========================== Dated this the 7th day of December,2010 ORDER Petitioners are the accused and second respondent the de facto complainant in C.C.485/2010 on the file of Judicial First Class Magistrate Court-I, Thamarassery taken cognizance for the offence under sections 406 and 498A read with section 34 of Indian Penal Code. First petitioner and second respondent are husband and wife. Second petitioner is the mother of the first petitioner. Petition is filed under section 482 of Code of Criminal Procedure to quash the proceedings before the learned magistrate contending that entire matrimonial disputes were settled amicably and consequent to the settlement, it is not in the interest of justice to continue the prosecution. Crl.M.C.4780/2010 2 2. Second respondent appeared through a counsel and filed an affidavit stating that entire matrimonial disputes were settled amicably and consequent to the settlement, she has no grievance against the petitioners and therefore the case could be prematurely terminated. 3. Learned counsel appearing for the petitioners, second respondent and learned Public Prosecutor were heard. 4.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 stand on technicalities and continue the prosecution. The affidavit filed by second respondent establishes that she has settled all the matrimonial disputes with the petitioners. In such circumstances, it is not in the interest of justice to continue the prosecution. Crl.M.C.4780/2010 3 Petition is allowed. C.C.485/2010 on the file of Judicial First Class Magistrate Court-I, Thamarassery is quashed. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006