IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 19TH MARCH 2010 / 28TH PHALGUNA 1931 Crl.MC.No. 674 of 2010() ----------------------------------- CC.976/2009 of JUDL.MAGISTRATE OF FIRST CLASS COURT, NORTH PARAVUR. CRIME NO.1003/2009 OF NORTH PARAVUR POLICE STATION. .................... PETITIONER/ACCUSED: ----------------------------------- K.V. LAL, AGED 48 YEARS, S/O.VIVEKANANDAN, KALAPPURACKAL (VISHNU NIVAS) HOUSE, CHENGAL KARA, KALADY P.O. BY ADV. MR.K.SUNILKUMAR RESPONDENTS/COMPLAINANT AND STATE. ----------------------------------------------------------------- 1. REJI KUMARI, W/O.K.V. LAL, KALAPPURACKAL HOUSE, PERUVARAM KARA, PARAVUR VILLAGE NOW RESIDING AT KALAPPURACKAL (VISHNU NIVAS) HOUSE, CHENGAL KARA, KALADY P.O. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R2 BY PUBLIC PROSECUTOR MR.S.U. NAZAR. R1 BY ADV. MR.A.R.BEJOY. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 19/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.674 of 2010 -------------------------- ORDER Petitioner is the accused and first respondent, the defacto complainant in C.C.No.976/2009 on the file of Judicial First Class Magistrate's Court, North Parur, taken cognizance for the offences under Sections 498A and 323 of Indian Penal Code. Petitioner is the husband and first respondent the wife. This petition is filed under Section 482 of Code of Criminal Procedure to quash the proceedings pending before the Magistrate contending that entire matrimonial disputes were settled amicably and the husband and wife are now living together cordially and in such circumstances, it is not in the interest of justice to continue the prosecution. 2. First respondent appeared through a counsel and filed a joint petition along with the petitioner stating that subsequent to the CRMC 674/10 2 registration of the case, all the disputes were settled amicably and petitioner and first respondent are now living together cordially under one roof and a child is also born in the wedlock and therefore, first respondent has no objection for quashing the proceedings. 3. Learned counsel appearing for the petitioner, first respondent and learned Public Prosecutor were heard. 4. Learned Public Prosecutor submitted that statement of the first respondent recorded subsequently establishes that she is now living with the petitioner cordially. 5. As held by the Apex Court in B.S.Joshi v. State of Haryana ((2003) 4 SCC 675), when the matrimonial disputes are settled amicably, it is not in the interest of justice to continue the prosecution, standing on technicalities. When the joint petition filed by the petitioner and first respondent establishes that entire matrimonial CRMC 674/10 3 disputes were settled amicably and they are now living together under one roof cordially, it is not in the interest of justice to continue the prosecution. Petition is allowed. C.C.No.976/2009 on the file of Judicial First Class Magistrate's Court, North Parur is quashed. 19th March, 2010 (M.Sasidharan Nambiar, Judge) tkv