IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 4TH NOVEMBER 2009 / 13TH KARTHIKA 1931 Crl.MC.No. 3549 of 2009() ------------------------------------ CC.23/2009 of CHIEF JUDL. MAGISTRATE COURT, ERNAKULAM .................... PETITIONERS/ACCUSED: ----------------------------------- 1. BIJU A.M., S/O.MADHAVAN, AGED 34 YEARS, AYILLYAM, J.J.R. LANE, JUNIOR JANATHA ROAD, VYTTILA, ERNAKULAM 2. RAJAMMA, W/O.MADHAVAN, AGED 61 YEARS, AYILLYAM, J.J.R. LANE, JUNIOR JANATHA ROAD, VYTTILA, ERNAKULAM. BY ADV. MR.RAJIT MR.M.L.SURESH KUMAR RESPONDENTS/STATE: --------------------------------- 1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. VRINDA K.B., AGED 29 YEARS, D/O.BALAKRISHNAN, KOYIKKARA HOUSE, KUMBALANGI SOUTH, ERNAKULAM DISTRICT. R1 BY PUBLIC PROSECUTOR MR.K.J. MUHAMMED ANSAR. R2 BY ADV. SMT.REMYA. K.R. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 04/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No. 3549 OF 2009 =========================== Dated this the 4th day of November,2009 ORDER Petitioners are the accused and the second respondent the de facto complainant in C.C.23/2009 on the file of Chief Judicial Magistrate Court, Ernakulam taken cognizance for the offence under section 498A read with section 34 of Indian Penal Code on Annexure A final report filed by the Sub Inspector of Police. This petition is filed under section 482 of Code of Criminal Procedure to quash the proceedings contending that entire matrimonial disputes were settled amicably and second respondent, the wife, is residing with the first petitioner cordially and hence it is not in the interest of justice to continue the prosecution. 2. Second respondent appeared through a counsel and filed an affidavit stating that entire matrimonial disputes were settled and since last four months she is living with the first petitioner as husband and wife and she has no objection for quashing the proceedings. 3. Learned counsel appearing for the petitioners, second respondent and learned Public Prosecutor were Crl.M.C.3549/2009 2 heard. 4. Annexure B affidavit of the second respondent establish that the entire matrimonial disputes were settled amicably and first petitioner husband and second respondent wife are living together cordially. 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 proceed with the case. Petition is allowed. C.C.23/2009 on the file of Chief Judicial Magistrate, Ernakulam is quashed. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006