IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 28TH OCTOBER 2009 / 6TH KARTHIKA 1931 Crl.MC.No. 3463 of 2009 --------------------------------------- CC.715/2008 of JUDL.MAGISTRATE OF FIRST CLASS-I, KANJIRAPPALLY .................... PETITIONER/ACCUSED NO.1: IQBAL UMMER, AGED 26 YEARS, S/O. UMMER, AKKATTU PARAMBIL HOUSE, VALLAKKADAVUKARAYIL, MANJUMALA VILLAGE, IDUKKI DIST. BY ADV. SRI.RAJIT RESPONDENTS/STATE: 1. STATE OF KERALA REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SAMARDHA SALIM, AGED 22 YEARS, D/O. SALIM, THAIPARAMBIL HOUSE, BIRLA COLONY, KANJIRAPPILLY VILLAGE, DESOM, KANJIRAPPILLY. BY PUBLIC PROSECUTOR SRI.AMJAD ALI FOR R1 ADV. SRI.V.V.JOY FOR R2 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 28/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.3463 of 2009 -------------------------- ORDER Petitioner is the first accused in C.C.No. 715/2008 on the file of Judicial First Class Magistrate's Court-I, Kanjirappilly, taken cognizance for the offence under Section 498A read with section 34 of Indian Penal Code. Accused 2 to 4 had earlier filed Crl.M.C.No.2571/2009 to quash the case as against them based on the settlement of the disputes with the second respondent defacto complainant. By Annexure-A4 order, the case as against accused 2 to 4 were quashed. This petition is filed under Section 482 of Code of Criminal Procedure to quash the case as against the petitioner contending that entire matrimonial disputes with the second respondent wife were amicably settled and in view of the settlement, it is not in the interest of justice to continue the prosecution. CRMC 3463/09 2 2. Second respondent appeared through a counsel and filed Annexure-A3 affidavit stating that consequent to the amicable settlement, she has no objection for quashing the case. 3. Annexure-A4 order and Annexure-A3 affidavit filed by the second respondent defacto complainant establish that entire matrimonial disputes with the petitioner husband, were amicably settled. As held by the Apex Court in B.S.Joshi v. State of Haryana ((2003) 4 SCC 675), when there is a complete settlement of the matrimonial disputes, it is not in the interest of justice to continue the prosecution. Petition is allowed. C.C.No.715/2008 on the file of Judicial First Magistrate's Court-I, Kanjirappilly as against the petitioner is quashed. 28th October, 2009 (M.Sasidharan Nambiar, Judge) tkv