IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 12TH NOVEMBER 2010 / 21ST KARTHIKA 1932 Crl.MC.No. 4502 of 2010() ------------------------------------ CC.687/2007 of JUDL.MAGISTRATE OF FIRST CLASS, PALA .................... PETITIONER(S): ACCUSED ---------------------- BINU, AGED 30 YEARS, S/O.JOSEPH @ KUTTAPPAN, KUNNEPARAMBIL (MATTAKARA), VELLAYAMKUDI KARA, KATTAPPANA VILLAGE. BY ADVS. SRI.GEORGE MATHEW SRI.DIPU JAMES RESPONDENT(S): DE-FACTO COMPLAINANT & STATE ------------------------------------------- 1. SEENA, AGED 29 YEARS, D/O.JOSEPH, KOLLAMKUNNEL VEETTIL, VELLAYAMKUDI KARA, KATTAPPANA VILLAGE, PIN - 685 508. 2. STATE OF KERALA, REP. BY DY.SUPERINTENDENT OF POLICE, PALA, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 3. S.I. OF POLICE, PALA POLICE SATION, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 BY ADV. SRI.SURIN GEORGE IPE R2 & R3 BY PUBLIC PROSECUTOR SRI.I.V.PRAMOD THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 12/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No. 4502 OF 2010 =========================== Dated this the 12th day of November,2010 ORDER Petitioner is the accused and first respondent the de facto complainant in C.C.687/2007 on the file of Judicial First Class Magistrate Court, Pala taken cognizance for the offence under section 498A on Annexure A3 final report. They are husband and wife. Petition is filed under section 482 of Code of Criminal Procedure to quash the proceedings contending that the matrimonial disputes were amicably settled and in view of the settlement, it is not in the interest of justice to continue the prosecution. 2. First respondent appeared through a counsel and filed an affidavit stating that entire matrimonial disputes were settled amicably and consequent to the settlement, she Crl.M.C.4502/2010 2 has no objection for quashing the proceedings. 3. Learned counsel appearing for the petitioner, first respondent and learned Public Prosecutor were heard. 4. As declared by the Apex Court in B.S. Joshi and others v. State of Haryana and another (2003) 4 SCC 675) when matrimonial disputes were settled amicably, it is not in the interest of justice to continue the prosecution standing on technicalities. Petition is allowed. C.C.687/2007 on the file of Judicial First Class Magistrate's Court, Pala is quashed. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006