IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 8TH SEPTEMBER 2010 / 17TH BHADRA 1932 Crl.MC.No. 3708 of 2010() ------------------------------------- CR.NO.106/2009 OF KAINADY POLICE STATION. .................. PETITIONERS/ACCUSED 1 TO 3 --------------------------------------------- 1. THANKACHAN JOSEPH, AGED 36, S/O.JOSEPH, THARAYIL HOUSE, CHERUKARA, KAVALAM, ALAPPUZHA DISTRICT. 2. P.D.JOSEPH, AGED 73, THARAYIL HOUSE CHERUKARA, KAVALAM, ALAPPUZHA DISTRICT. 3. ROSAMMA JOSEPH, AGED 66, W/O.JOSEPH,THARAYIL HOUSE, CHERUKARA, KAVALAM, ALAPPUZHA DISTRICT. BY ADV. SRI. K.SHAJ, SRI.K.N.RADHAKRISHNAN (THIRUVALLA). RESPONDENTS/STATE AND DEFACT COMPLAINANT ----------------------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SARAMMA THOMAS @ AANI, D/O.LATE THOMAS VARGHESE, MOONNUMOOLAYIL HOUSE, KADAPRA.P.O, KADAPRA VILLAGE, THIRUVALLA TALUK, PATHANAMTHITTA DISTRICT. R1 BY PUBLIC PROSECUTOR SMT.M.K. PUSHPALATHA. R2 BY ADV. SRI.SAJJU.S. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 08/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No. 3708 OF 2010 =========================== Dated this the 8th day of September,2010 ORDER First petitioner is the husband. Second respondent the wife. Petitioners 2 and 3 are the parents of first petitioner. Petitioners are the accused and second respondent the de facto complainant in Crime No.106/2009 of Kaindy Police Station registered for the offence under section 498A and Section 34 of Indian Penal Code on a complaint filed before Judicial First Class Magistrate's Court, Thiruvalla by the second respondent and sent for investigation under section 156(3) of the Code of Criminal Procedure. This petition is filed under section 482 of the Code of Criminal Procedure to quash the F.I.R and further proceedings contending that entire disputes were settled amicably and second respondent is Crl.M.C.3708/2010 2 now living with the first petitioner and therefore 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 the case has been registered at her instance and the matter has been subsequently settled amicably and she is now living with her husband and in such circumstances, it is not in the interest of justice to continue the prosecution. 3. Learned counsel appearing for the petitioners, second respondent and learned Public Prosecutor were heard. 4. As held by the Apex Court in B.S. Joshi and others v. State of Haryana and another (2003) 4 SCC 675) when the matrimonial disputes were settled between the wife and the husband and the wife is living with the husband, it is not in the interest of justice to continue the prosecution and endanger the marital relationship. Crl.M.C.3708/2010 3 Petition is allowed. Crime No.106/2009 of Kainady Police Station is quashed. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006