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. 2750 of 2009 -------------------------------- CC.422/2009 of JUDL. MAGISTRATE OF FIRST CLASS-II, HOSDRUG CRIME NO. 175/2008 OF NILESHWAR POLICE STATION ............................................ PETITIONER(S): ACCUSED AND DE-FACTO COMPLAINANT -------------------------------------------------------------------------------- 1. E.K.RAVEENDRAN, S/O.KASHYAPAN, ENCHALANIKUZHIYIL HOUSE, BHEEMANADY. 2. M.PRASSETHA, D/O.KRISHNAN.K.V MUTTUMMAL HOUSE, MULLANKALLU, BHEEMANADY. BY ADV. SMT.T.SUDHAMANI RESPONDENT(S): COMPLAINANT ------------------------------------------------ THE STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI. S.U. NAZAR 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. 2750 OF 2009 ------------------------------------------ Dated 28th August 2009 O R D E R First petitioner is the accused and second respondent, the defacto complainant who were husband and wife in C.C.422/2009 on the file of Judicial First Class Magistrate-II, Hosdurg taken cognizance for the offence under Section 498 A, under Annexure-I final report. This petition is filed under Section 482 of Code of Criminal Procedure to quash Annexure-I final report and the proceedings before the learned Magistrate contending that as the husband and wife are now living together, it is not in the interest of justice to proceed with the case. 2. Learned Public Prosecutor on instructions submitted that petitioners are now living together and there is no dispute between them. 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 were settled and the husband and wife are living together under one roof, it is not in CRMC 2750/09 2 the interest of justice to proceed with the case. Though offence is not compoundable, technicalities shall not cause hurdle in the peaceful cordial matrimonial life. Petition is allowed. C.C.422/2009 on the file of Judicial First Class Magistrate-II, Hosdurg is quashed. M.SASIDHARAN NAMBIAR, JUDGE. uj.