IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 10TH NOVEMBER 2009 / 19TH KARTHIKA 1931 Crl.MC.No. 3609 of 2009() ------------------------------------ CC.2317/2007 of JUDL.MAGISTRATE OF FIRST CLASS COURT-I, ERNAKULAM .................... PETITIONERS/ACCUSED: ----------------------------------- 1. VELAYUDHAN, S/O.SREEDHARAN, NIKARTHIL VEEDU, INJIMALA, MULANTHURUTHY VILLAGE, ERNAKULAM DISTRICT. 2. BHANUMATHI SREEDHARAN, W/O.SREEDHARAN, NIKARTHIL VEEDU, INJIMALA, MULANTHURUTHY VILLAGE, ERNAKULAM DISTRICT. BY ADV. MR.P.SANJAY SMT.A.PARVATHI MENON MR.BIJU MEENATTOOR MR.GLEN ANTONY RESPONDENTS/DEFACTO COMPLAINANT & STATE: -------------------------------------------------------------------------- 1. JISHA VELAYUDHAN, AGED 39 YEARS, IDAVIL HOUSE, UDAYAMPERUR, MANAKKUNNAM VILLAGE, ERNAKULAM DISTRICT. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 BY ADV. SMT.DIJI.K.DASAN R2 BY PUBLIC PROSECUTOR MR.K.J. MUHAMMED ANSAR. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 10/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No. 3609 OF 2009 =========================== Dated this the 10th day of November,2009 ORDER Petitioners are the accused and first respondent the de facto complainant in C.C.2317/2007 on the file of Judicial First Class Magistrate Court-I, Ernakulam taken cognizance for the offence under section 498A read with section 34 of Indian Penal Code on Annexure A final report. First petitioner is the husband and first respondent his wife and second petitioner is mother of the first petitioner. This petition is filed under section 482 of Code of Criminal Procedure to quash the proceedings contending that entire matrimonial disputes were settled amicable between the parties and in such circumstance, it is not in the interest of justice to continue the prosecution. 2. First respondent appeared through a counsel and filed Annexure B affidavit stating that entire matrimonial disputes were settled amicably and in view of the settlement, she has no intention to prosecute the case and there is no objection for quashing the proceedings. Crl.M.C.3609/2009 2 3. Learned counsel appearing for the petitioner, first respondent and learned Public Prosecutor were heard. 4. Annexure A final report shows that the offence alleged against the petitioners are purely matrimonial offence. The affidavit filed by the first respondent wife establish that matrimonial disputes with first petitioner husband and second petitioner mother-in-law, were settled amicably. As held by the Apex Court in B.S.Joshi v. State of Haryana 2003(4) SCC 675 when matrimonial disputes and offences were settled amicably, it is not in the interest of justice to continue the prosecution to stand on technicalities when ultimately consequent to the settlement chance of a successful prosecution is very bleak. Petition is allowed. C.C.2317/2007 on the file of Judicial First Class Magistrate Court-I, Ernakulam is quashed. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006