IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 28TH AUGUST 2009 / 6TH BHADRA 1931 Crl.MC.No. 2868 of 2009 ------------------------------- CC.164/2009 of CHIEF JUDICIAL MAGISTRATE COURT, KOLLAM (CRIME NO.1347/2008 OF KOLLAM EAST POLICE STATION) ......................................... PETITIONER(S): ACCUSED -------------------------------------- 1. DR.RAJAN K.R., AGED 38, S/O.RAMAKRISHNAN, KOTTAYIL HOUSE, PIRAVOM P.O., ERNAKULAM. 2. SANTHA E.K., D/O.RAMAKRISHNAN, AGED 52, KOLATHU HOUSE, PIRAVOM P.O., ERNAKULAM. BY ADV. SRI.K.R.VINOD RESPONDENT(S): ------------------------ 1. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. 2. MANJULA, D/O.LEELA, AGED 34, KRISHNATHULASI, SASTHRI NAGAR 110, KADAPPAKKADA, KOLLAM. PUBLIC PROSECUTOR SRI.S.U.NAZAR FOR R1. ADV. SRI.T.JEEJAN FOR R2 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 28/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.SASIDHARAN NAMBIAR,J. ------------------------------------------ CRL.M.C.NO.2868 OF 2009 ------------------------------------------ Dated 28th August 2009 O R D E R Petitioners are accused in C.C.164/2009 on the file of Chief Judicial Magistrate, Kollam taken cognizance for the offence under Sections 323 and 498 A read with Section 34 of Indian Penal Code on Annexure-A2 final report. This petition is filed under Section 482 of Code of Criminal Procedure to quash the proceedings contending that there is a settlement of all the disputes with second respondent, the defacto complainant. A joint statement is filed by the petitioners and second respondent stating that entire disputes were settled and second respondent is now living with petitioners and in such circumstances, it is not in the interest of justice to proceed with the case. 2. Learned counsel appearing for petitioners and second respondent and learned Public Prosecutor were heard. 3. When the offence alleged against CRMC 2868/09 2 petitioners are matrimonial offences and the disputes between petitioners and second respondent were amicably settled and the husband and wife are now living together, it is not in the interest of justice to continue the proceedings as held by the Apex court in B.S.Joshi and others v. State of Haryana and another (2003(4) SCC 675) and technicalities shall not stand in the way of settlement of matrimonial disputes. Interest of justice warrants that proceedings is to be quashed. Petition is allowed. C.C.164/2009 on the file of Chief Judicial Magistrate, Kollam is quashed. M.SASIDHARAN NAMBIAR, JUDGE. uj.