IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 7TH DECEMBER 2010 / 16TH AGRAHAYANA 1932 Crl.MC.No. 4770 of 2010() ----------------------------------- CC.946/2009 of JUDL.MAGISTRATE OF FIRST CLASS, PERUMBAVOOR CRIME NO.2435/2008 OF PERUMBAVOOR POLICE STATION, ERNAKULAM DIST. .................... PETITIONER(S): ACCUSED NO.2 ------------------------------------------------- OMANA W/O. AYYAPPANKUTTY, AGED 55 YEARS, RESIDING AT MATTATHIL HOUSE, VENGOOR P.O. PERUMANI, KUNNATHUNADU TALUK, ERNAKULAM DIST. BY ADV. SRI.P.LIJO RESPONDENT(S): STATE AND DEFACTO COMPLAINANT --------------------------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SUB INSEPCTOR OF POLICE, ALUVA POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. DEEPA, AGED 23 YEARS, W/O.LATE MANOJ, D/O.LATE KUTTAPPAN, CHALIL HOUSE, KURUPPAMPADY P.O., VENGUR VILLAGE KUNNATHUNADU TALUK, ERNAKULAM DISTRICT. R2 BY ADV. SRI.T.P.SANTHOSH KUMAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 07/12/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No. 4770 OF 2010 =========================== Dated this the 7th day of December,2010 ORDER Petitioner is the second accused and second respondent the de facto complainant in C.C.946/2009 on the file of Judicial First Class Magistrate Court-I, Perumbavoor taken cognizance for the offence under section 498A read with section 34 of Indian Penal Code. First accused is the husband of the second respondent. Son of the petitioner, according to the petitioner is no more. Petition is filed under section 482 of Code of Criminal Procedure to quash the case against the petitioner contending that entire matrimonial disputes with the second respondent were settled. 2. Second respondent appeared through a counsel and filed an affidavit stating that she has settled all the disputes with the Crl.M.C.4770/2010 2 petitioner and in view of the settlement she has no grievance against the petitioner. As held by the Apex Court in B.S. Joshi v. State of Haryana (2003) 4 SCC 675) when matrimonial disputes are settled, it is not in the interest of justice to continue the prosecution standing on technicalities. As the affidavit filed by second respondent daughter-in- law establishes that she has settled all the disputes with the petitioner, case against her is to be quashed. Petition is allowed. C.C.946/2009 on the file of Judicial First Class Magistrate Court-I, Perumbavoor against the second accused is quashed. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006