IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 14TH DECEMBER 2010 / 23RD AGRAHAYANA 1932 Crl.MC.No. 4782 of 2010() ------------------------------------ ( C.C.NO. 762/2005 OF JFCM COURT-III, THRISSUR CRIME NO. 443/2005 OF PEECHI POLICE STATION) -------------------- PETITIONER(S): ACCUSED --------------------------------------- BALAN, S/O. KODAPPULLY KUTTAN, CHATHAKKULAM, THRISSUR DISTRICT. BY ADV. SRI.JIJO PAUL RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REP. BY SUB INSPECTOR OF POLICE, PEECHI POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. MEERA BHAI, D/O. APPU, AGED 43 YEARS, RESIDING AT ASWATHI BHAVAN, KUNDUVARA DESOM, CHEMBUKKAVU, VILVATTOM VILLAGE, THRISUR TALUK, THRISSUR DISTRICT - 680 001. R1 PUBLIC PROSECUTOR SRI. I.V. PRAMOD R2 BY ADV. SRI.K.B.GANGESH THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 14/12/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.4782 of 2010 -------------------------- ORDER Petitioner is the accused and second respondent, the defacto complainant in C.C.No. 762/2005 on the file of Judicial First Class Magistrate's Court-III, Thrissur, taken cognizance for the offence under Section 498A of Indian Penal Code on Annexure-A final report. Petitioner is the husband and second respondent, the wife. This petition is filed under Section 482 of Code of Criminal Procedure to quash the proceedings contending that 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 appeared through a counsel and filed an affidavit stating that entire matrimonial disputes were settled amicably and consequent to the settlement, she has no subsisting CRMC 4782/10 2 grievance against the petitioner and therefore, the proceedings is to be quashed. 3. Learned counsel appearing for the petitioner, second respondent and learned Public Prosecutor were heard. 4. As held by the Apex Court in B.S.Joshi v. State of Haryana ((2003) 4 SCC 675), when the matrimonial disputes are settled amicably, it is not in the interest of justice to stand on technicalities and continue the prosecution. The affidavit filed by the second respondent wife 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.No.762/2005 on the file of Judicial First Class Magistrate's Court- III, Thrisuur is quashed. 14th December, 2010 (M.Sasidharan Nambiar, Judge) tkv