IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 8TH APRIL 2010 / 18TH CHAITHRA 1932 Crl.MC.No. 1231 of 2010() ------------------------- LP.NO.20/2005 IN CC.795/2001 of JUDL.MAGISTRATE OF FIRST CLASS COURT, ADOOR .................... (CR.NO.658/1996 OF ADOOR POLICE STATION) PETITIONER(S): ACCUSED 1 & 4: ------------------------------------------------- 1. VISWANATHA PILLAI, S/O. THANKAPPAN PILLAI, MUTHIRAVILAPUTHEN VEEDU, NEDUMON, EZHAMKULAM. 2. SREEKUMAR, MUTHIRAVILAPUTHEN VEEDU, NEDUMON, EZHAMKULAM, NOW RESIDING AT SREEVILASAM, KUNNIDA, ENADIMANGALAM. BY ADVS. MR. K.SHAJ, MR.SAJJU.S., MR.SYAM J SAM. RESPONDENT(S): STATE AND CW1: ------------------------------------------------------ 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SOBHANA DEVI, D/O. BHAVANIAMMA, ELAMULLA THUNDIL VEETTIL, KIDANGAYAM MURI, NOW RESIDING AT MUTHIRAVILAPUTHEN VEEDU, NEDUMON, EZHAMKULAM. R1 BY PUBLIC PROSECUTOR MR. K.S.SIVAKUMAR R2 BY ADV. MR.SYAM J SAM THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 08/04/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No. 1231 OF 2010 =========================== Dated this the 8th day of April,2010 ORDER Petitioners are accused 1 and 4 in C.C.795/2001 on the file of Judicial First Class Magistrate's Court, Adoor. As they were absconding accused 2 and 3 were tried and acquitted. This petition is filed under section 482 of the Code of Criminal Procedure contending that the entire matrimonial disputes were settled amicably and consequent to the settlement, it is not in the interest of justice to continue the prosecution. 2. Second respondent the de facto complainant appeared through a counsel and filed an affidavit stating that the entire matrimonial disputes were settled amicably and she is now living with the first petitioner husband and in such circumstances the case is Crl.M.C.1231/2010 2 to be quashed. 3. Learned counsel appearing for the petitioners, second respondent and learned Public Prosecutor were heard. 4. Annexure A1 shows that the very case was registered on a complaint filed by the second respondent alleging that first petitioner husband and the three other accused in-laws committed an offence under section 498A of Indian Penal Code. The affidavit filed by the second respondent establishes that she has settled all matrimonial disputes and is now residing with her husband. As held by the Apex Court in B.S. Joshi v. State of Haryana (2003) 4 SCC 675) when matrimonial disputes were settled amicably, it is not in the interest of justice to continue the prosecution standing on technicalities. Petition is allowed. L.P.20/2005 in C.C.795/2001 on the file of Judicial First Class Magistrate's Court, Adoor is quashed. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006