IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 3RD NOVEMBER 2010 / 12TH KARTHIKA 1932 Crl.MC.No. 4402 of 2010 ---------------------------------- [CC.NO.422/2009 OF THE CHIEF JUDICIAL MAGISTRATE COURT, ALAPPUZHA] .................... PETITIONERS/ACCUSED 1 TO 3: ----------------------------------------------- 1. BINJU, AGED 29 YEARS, S/O. GEORGE, KURUPPASSERY, KARUKAPALLY JUNCTION, POTTAKUZHY, KALOOR, ERNAKULAM. 2. JINJAN, AGED 25 YEARS, S/O. GEORGE, KURUPPASSERY, KARUKAPALLY JUNCTION, POTTAKUZHY, KALOOR, ERNAKULAM. 3. GEORGE, AGED 65 YEARS, KURUPPASSERY, KARUKAPALLY JUNCTION, POTTAKUZHY, KALOOR, ERNAKULAM. BY ADV. SRI.SYAM J. SAM. RESPONDENTS/STATE & DEFACTO COMPLAINANT: --------------------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE S.I. OF POLICE, ALAPPUZHA NORTH POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. VIJI, D/O. MATHEW, AGED 24 YEARS, THOTTATHIL VEEDU, ASRAMAM WARD, ALAPPUZHA. (PANAMBUKADU, MELPARAMBU VEEDU, VALLARPADAM, MULAVUKADU, ERNAKULAM), PIN – 688 010. R1 BY PUBLIC PROSECUTOR SRI. I.V. PRAMOD, R2 BY ADV. SRI. PRIYADARSAN THAMPI. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. M.SASIDHARAN NAMBIAR, J. -------------------------------------------------- Crl.M.C. No. 4402 of 2010 ------------------------------------- Dated this the 3rd day of November, 2010. ORDER Petitioners are the accused and second respondent the defacto complainant. First petitioner and second respondent are husband and wife. Third petitioner is the father of the first petitioner. Second petitioner is the brother of the first petitioner. Petition is filed under Section 482 of Code of Criminal Procedure, to quash the cognizance taken in C.C.No.422/2009 on the file of the Chief Judicial Magistrate, Alappuzha, on Annexure-1 final report, for the offences under Sections 323 and 498(A) read with Section 34 of the Indian Penal Code. Petition is filed to quash the proceedings contending that entire matrimonial disputes were settled amicably and consequent to the settlement, 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 entire matrimonial disputes were settled with the petitioners and they are now living cordially and she has no subsisting grievance against the petitioners and in such circumstances, it is not in the interest of justice to continue the Crl.M.C. No. 4402 of 2010 2 prosecution and hence, the case is to be quashed. 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 Hariyana and another (2003 (4) SC 675), when matrimonial disputes are settled amicably by the husband and wife, it is not in the interest of justice to continue the prosecution. Affidavit filed by the second respondent establishes that she has amicably settled all the matrimonial disputes with the petitioners and she has no subsisting grievance against the petitioners. In such circumstances, it is not in the interest of justice to continue the prosecution. Petition is allowed. C. C.No.422/2009 on the file of the Chief Judicial Magistrate's Court, Alappuzha is quashed. M.SASIDHARAN NAMBIAR, JUDGE ln