IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 4TH NOVEMBER 2010 / 13TH KARTHIKA 1932 Crl.MC.No. 4431 of 2010() ------------------------ CC.1326/2008 of JUDL.FIRST CLASS MAGISTRATE COURT-II, ALUVA ................ PETITIONER / ACCUSED : ----------------------------------- SALIM, S/O.MAJEED, AGED 35 YEARS, MOOLATHARA HOUSE, PUSHPANAGAR COLONY, CHUNGAMVELY KARA, ALUVA TALUK. BY ADV. SRI.P.M.ZIRAJ RESPONDENT / COMPLAINANT AND DEFACTO COMPLAINANT : ------------------------------------------------------------------------------------------ 1. STATE OF KERALA REP. BY S.I. OF POLICE, KALAMASSERY POLICE STATION, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. BEEMA, W/O.SALIM, BLAYIPARAMBIL HOUSE, NEAR RAILWAY GATE, EDAPPALLY KARA, EDAPPALLY NORTH VILLAGE. R1 BY PUBLIC PROSECUTOR SRI. P.A. SALIM THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 04/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No. 4431 OF 2010 =========================== Dated this the 4th day of November,2010 ORDER Petitioner is the husband and second respondent his wife. Petitioner is the accused and second respondent, the de facto complainant in C.C.1326/2008 on the file of Judicial First Class Magistrate Court-II, Aluva taken cognizance for the offence under section 498A of Indian Penal Cod on Annexure II final report. This petition is filed under section 482 of Code of Criminal Procedure to quash the proceedings contending that entire matrimonial disputes were settled amicably. 2. Second respondent appeared through a counsel and filed an affidavit stating that entire matrimonial disptues were settled amicably and consequent to the settlement, she has no objection for quashing the proceedings. Crl.M.C.4431/2010 2 3. Learned counsel appearing for the petitioner, second respondent and learned Public Prosecutor were heard. 4. The affidavit filed by the second respondent establishes that entire matrimonial disputes with the petitioners were settled amicably.As held by the Apex Court in B.S. Joshi v. State of Haryana (2003(4) SCC 675, when matrimonial disputes are settled amicably, it is not in the interest of justice to continue the prosecution, standing on technicalities. Petition is allowed. C.C.1326/2008 on the file of Judicial First Clas Magistrate Court-II, Aluva is quashed. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006