IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 8TH APRIL 2010 / 18TH CHAITHRA 1932 Crl.MC.No. 1220 of 2010() ------------------------------------- CC.740/2009 of JUDL. MAGISTRATE OF FIRST CLASS COURT-IV, KOZHIKODE .................... PETITIONER(S): ----------------------- PRADEEP. H, AGED 41 S/O.HAREENDRANATHAN, RESIDING AT PADAKASSERIL HOUSE, KARIYATTU VAYAL, EDAKKAD PO, WEST HILL KOZHIKODE. BY ADV. MR.A.RANJITH NARAYANAN, MR.S.K.SAJU, SMT.A.SIMI. RESPONDENT(S): -------------------------- 1. STATE OF KERALA REP BY S.I. VANITHA POLICE STATION, KOZHIKODE THROUGH PUBLIC PROSECUTOR HIGH COURT OF KERALA AT ERNAKULAM. 2. VIDYA P, AGED 40, D/O. K.P.P.PILLAI RESIDING AT TC 9/1855, 'POORNIMA' POORNIMA LANE, KOCHAR ROAD, SASTHAMANGALAM THIRUVANANTHAPURAM. R1 BY PUBLIC PROSECUTOR MR.S.U. NAZAR. R2 BY ADV. MR.DEVAPRASANTH.P.J. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 08/04/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No. 1220 OF 2010 =========================== Dated this the 8th day of April,2010 ORDER Petitioner is the accused and second respondent the de facto complainant in C.C.740/2009 on the file of Judicial First Class Magistrate’s Court, Kozhikode taken cognizance for the offence under section 498A on Annexure A1 final report. Prosecution case is that petitioner husband treated second respondent with cruelty and thereby committed the offences. This petition is filed under section 482 of the Code of Criminal Procedure to quash the proceedings contending that entire matrimonial disputes were settled amicably evidenced by Annexure A2 agreement and therefore it is not in the interest of justice to continue the prosecution. 2. Second respondent appeared through a Crl.M.C.1220/2010 2 counsel and filed an affidavit stating that the entire matrimonial disputes were settled amicably and consequent to the settlement, she has no objection for quashing the proceedings. 3. Learned counsel appearing for the petitioner second respondent and Public Prosecutor were heard. 4. As held by the Apex Court in B.S. Joshi v. State of Haryana (2003) 4 SCC 675) when matrimonial disputes are settled amicably, it is not in the interest of justice to continue the prosecution standing on technicalities. The affidavit filed by the second respondent establishes that entire matrimonial disputes evidenced by Annexure A2 were settled. In such circumstances, it is not in the interest of justice to continue the prosecution. Petition is allowed. C.C.740/2009 on the file of Judicial First Class Magistrate's Court-IV, Kozhikode is quashed. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006