IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 25TH MARCH 2009 / 4TH CHAITHRA 1931 Crl.MC.No. 1132 of 2009() ----------------------------- (C.C.447/06 OF VANCHIYOOR POLICE STATION PENDING BEFORE ADDL.CHIEF JUDICIAL MAGISTRATE COURT, THIRUVANANTHAPURAM) PETITIONER(S): ACCUSED 1 TO 4 ----------------------------------------- 1. STEPHEN,AGED 41 YEARS, S/O.ANTONY,NEDIYAVILAKOM VEEDU, TC.27/2078,KURISADI LANE, STATUE,THIRUVANANTHAPURAM. 2. PHILOMINA,RESIDING AT 27/2078, NEDIYAVILAKOM VEEDU,KURISADI LANE, STATUE,THIRUVANANTHAPURAM. 3. SELVAN,RESIDING AT 27/2078, NEDIYAVILAKOM VEEDU,KURISADI LANE, STATUE,THIRUVANANTHAPURAM. 4. RADHA,RESIDING AT 27/2078, NEDIYAVILAKOM VEEDU,KURISADI LANE, STATUE,THIRUVANANTHAPURAM. BY ADV. SRI.G.SUDHEER RESPONDENT(S): COMPLAINANT --------------------------------------- 1. STATE OF KERALA, REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. 2. SUDHA.B.J.,D/O.BALSITHA, NETTANI,KIZHAKKEKKARA PUTHEN VEEDU, CHULLIMANOOR,NEDUMANGADU, THIRUVANANTHAPURAM. PUBLIC PROSECUTOR SRI. GIKKU JACOB. ADV. SRI.R.GOPAN THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 25/03/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = CRL.M.C. NO. 1132 OF 2009 = = = = = = = = = = = = = = = Dated this the 25th day of March, 2009. O R D E R This petition is filed to quash Annexure-B charge and all further proceedings in Annexure-B. The petitioners are the accused with the allegation that they have committed offences u/Ss. 498A, 506(ii) r/w S.34 IPC. The matter has been compounded between the accused and the defacto complainant. It is seen that by virtue of the settlement they have decided to part away as husband and wife and they wanted to put an end to the matrimonial dispute. The wife has also signed the application for compounding. She is also represented by a counsel. 2. The modality to be followed in such cases had been decided by the Hon'ble Supreme Court in Joshi's case (B.S. Joshi v. State of Haryana (2003 (4) SCC 675). It is held therein that settlement of matrimonial disputes should be encouraged and one should not have hypertechnical approach which would result in Crl.M.C. 1132 OF 2009 -:2:- counterproductivity in matrimonial disputes. This matter may have to be considered in that line. Since the parties have settled the matter and they are living separately and has created a harmonious atmosphere for them it is not desirable to permit the prosecution to continue. Therefore invoking the power u/s 482Cr.P.C I quash all further proceedings in C.C.447/06 pending on the file of the Additional Chief Judicial Magistrate Court, thereby this Crl.M.C is allowed. M.N. KRISHNAN, JUDGE. ul/-