IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 24TH SEPTEMBER 2010 / 2ND ASWINA 1932 Crl.MC.No. 3802 of 2010() ------------------------------------- C.C.1080/2008 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, MALAPPURAM. CRIME NO.211/2008 OF VAZHAKKAD POLICE STATION. .................... PETITIONER/ACCUSED ---------------------------------- BIJU K.JOSE, S/O. JOSE, KANNAMKUNNI HOUSE, CHEEKKODE AMSOM DESOM, OMANOOR, ERNAD TALUK, MALAPPURAM DISTRICT, NOW RESIDING AT KANNAMKUNNI HOUSE, PULLIPARAKUNNU DESOM, MANAKULANGARA P.O., KODAKARA, THRISSUR DISTRICT. BY ADV. SRI.RAJESH CHAKYAT RESPONDENT/COMPLAINANT -------------------------------------------- 1. SHYBI, AGED 30 YEARS, D/O. PHILIP, VALIYIL HOUSE, PANHAL AMSOM DESOM, THALAPPALLI TALUK, THRISSUR DISTRICT-680 001. 2. THE SUB INSPECTOR OF POLICE, VAZHAKADU, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. R1 BY ADV. SRI.S.A. SAJU. R2 BY PUBLIC PROSECUTOR SMT.M.K. PUSHPALATHA. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 24/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No. 3802 OF 2010 =========================== Dated this the 24th day of September,2010 ORDER Petitioner the husband is the accused and first respondent his wife is the de facto complainant in C.C.1080/2008 on the file of Judicial First Class Magistrate Court, Malappuram taken cognizance for the offences under sections 498A, 323 and 406 read with section 34 of Indian Penal Code on Annxure 2 final report submitted by the Sub Inspector of Police, Vazhakadu in Crime No.211/2008. The crime was registered based on a complaint filed by the first respondent before Judicial First Class Magistrate, Malappuram and sent for investigation under section 156(3) of Code of Criminal Procedure. This petition is filed under section 482 of Code of Criminal Procedure to quash the cognizance taken contending that Crl.M.C.3802/2010 2 entire matrimonial disputes were settled amicably with the first respondent and in view of the decision of the Apex Court in B.S. Joshi and others v. State of Haryana and another (2003) 4 SCC 675), it is not in the interest of justice to continue the prosecution. 2. First respondent appeared through a counsel and filed a joint statement with the petitioner stating that entire matrimonial disputes were settled before this Court in the Adalat and consequent to the settlement, first respondent has no grievance against the petitioner and therefore the proceedings pending before the learned magistrate is to be quashed. Learned counsel appearing for the petitioner also made available copy of the award passed by the High Court Permanent Lok Adalat settling the matrimonial disputes wherein it was agreed by the parties to compound the offences involved in C.C.1080/2008. 3. Learned counsel appearing for the petitioner, first respondent and learned Public Crl.M.C.3802/2010 3 Prosecutor were heard. 4. As held by the Apex Court in B.S. Joshi's case (supra) when matrimonial disputes are settled between the husband and wife, it is not in the interest of justice to stand on technicalities and proceed with the case. The joint statement filed by the petitioner and first respondent establishes that entire matrimonial disputes were settled before this court in the Adalat and consequent to the settlement first respondent has no subsisting grievance against petitioner. In view of the settlement, there is no likelihood of a successful prosecution. In such circumstances, it is not in the interest of justice to stand on technicalities and continue the prosecution. Petition is allowed. C.C. No.1080/2008 on the file of Judicial First Class Magistrate’s Court, Malappuram is quashed. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006