IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 8TH OCTOBER 2010 / 16TH ASWINA 1932 Crl.MC.No. 4108 of 2010() ------------------------------------- CC.832/2008 of JUDL.MAGISTRATE OF FIRST CLASS COURT, ADOOR .................... PETITIONER/ACCUSED NO. 1 TO 3 --------------------------------------------------- 1. GEORGE, AGED 34 YEARS, S/O.KUNJUKUNJU, PARATTUPUTHENPURAYIL HOUSE, PULIYOOR P.O., CHENGANNUR, ALAPPUZHA DISTRICT. 2. KUNJUKUNJU, AGED 60 YEARS, PARATTUPUTHENPURAYIL HOUSE, PULIYOOR P.O., CHENGANNUR, ALAPPUZHA DISTRICT. 3. PONNAMMA, AGED 55 YEARS, PARATTUPUTHENPURAYIL HOUSE, PULIYOOR P.O., CHENGANNUR, ALAPPUZHA DISTRICT. BY ADV. SMT.S.L.SYLAJA RESPONDENTS/COMPLAINANT AND DEFACTO - COMPLAINANT ---------------------------------------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTING SUB INSPECTOR OF POLICE, ADOOR POLICE STATION, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. LEEFA, AGED 26 YEARS, D/O.LEELAMMA, PADINJARETHUNDIYIL HOUSE, PARAKKUTTAM P.O. R1 BY PUBLIC PROSECUTOR SMT.M.K. PUSHPALATHA. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 08/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. M.SASIDHARAN NAMBIAR,J. --------------------------------------------- CRL.M.C.NO.4108 OF 2010 --------------------------------------------- Dated 8th October, 2010 O R D E R Petitioners are the accused and second respondent, the de facto complainant in C.C.832/2008 on the file of Judicial First Class Magistrate's Court, Adoor taken cognizance for the offence under Section 498 A of Indian Penal Code on Annexure-A2 final report submitted by Sub Inspector of Police, Adoor. Petition is filed under Section 482 of Code of Criminal Procedure to quash the proceedings contending that entire matrimonial disputes were settled amicably between the petitioners and second respondent and Annexure-A3 petition was filed before the Family Court, Thiruvalla evidencing the settlement and in such Crmc 4108/10 2 circumstances, 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 disputes were settled amicably and consequent to the settlement, she has no subsisting grievance against the petitioners. 3. Learned counsel appearing for the petitioners, second respondent and learned Public Prosecutor were heard. 4. Annexure-A3 petition filed before Family Court jointly by the first petitioner and second respondent, with the affidavit filed by the second respondent in this petition establish that entire matrimonial disputes were settled amicably. As held by the Apex Court in B.S.Joshi and others v. State of Haryana and another (2003(4) SCC 675) when Crmc 4108/10 3 matrimonial disputes are settled amicably, it is not in the interest of justice to stand on technicalities and to continue the prosecution. Petition is allowed. C.C.832/2008 on the file of Judicial First Class Magistrate's Court, Adoor is quashed. M.SASIDHARAN NAMBIAR, JUDGE. uj.