IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 1ST DECEMBER 2010 / 10TH AGRAHAYANA 1932 Crl.MC.No. 4709 of 2010() ----------------------------------- C.C. NO.52/2008 OF THE CHIEF JUDICIAL MAGISTRATE COURT, KOLLAM, CRIME NO.154/2009 OF KOLLAM EAST POLICE STATION. ............. PETITIONER(S): ACCUSED --------------------------------------- MOIDEENKUTTY,S/O.KALLADI ASSAINAR, MANGO GARDEN PO, PERIMPADARI, MANNARKKAD. BY ADV. SRI.NOBLE MATHEW RESPONDENT(S): DEFACTO COMPLAINANT AND STATE ---------------------------------------------------------------------------------- 1. JEBIN TINY,AGED 36 YEARS,P.K.NAGAR-1, AKKARATHEKKUNUEKKU PATTATHANAM,KOLLAM. 2. STATE OF KERALA,REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. R1 BY ADV. SRI.GEORGE SEBASTIAN R2 BY PUBLIC PROSECUTOR SRI.P.A.SALIM THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01/12/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No. 4709 OF 2010 =========================== Dated this the 1st day of December,2010 ORDER Petitioner is the accused and first respondent the de facto complainant in C.C.52/2009 on the file of Chief Judicial Magistrate Court, Kollam taken cognizance for the offence under section 498A on Annexure B final report. Petitioner is the husband and first respondent the wife. Petition is filed under section 482 of Code of Criminal Procedure to quash the proceedings contending that entire matrimonial disputes were settled amicably. 2. First respondent appeared through a counsel and filed an affidavit stating that all the disputes between herself and the petitioner were settled out of court and in view of the settlement, she has no objection for quashing the proceedings. Crl.M.C.4709/2010 2 3. Learned counsel appearing for the first respondent and learned Public Prosecutor were heard. 4. As held by the Apex Court in B.S. Joshi and others v. State of Haryana and another (2003) 4 SCC 675), when matrimonial disputes are settled amicably, it is not in the interest of justice to continue the prosecution and cause hurdles in the cordial relationship. The affidavit filed by the first respondent establishes that she has settled all the matrimonial disputes with the petitioner. In such circumstances, it is not in the interest of justice to continue the prosecution. Petition is allowed. C.C.52/2009 on the file of Chief Judicial Magistrate Court, Kollam is quashed. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006