IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 6TH OCTOBER 2010 / 14TH ASWINA 1932 Crl.MC.No. 4065 of 2010() ------------------------ CC.358/2009 OF JUDL. FIRST CLASS MAGISTRATE COURT-II, HOSDRUG CRIME NO. 139/2009 OF NILESHWAR POLICE STATION, KASARAGOD .................. PETITIONERS / ACCUSED NOS. 1 & 3 ---------------------------------------------------- 1. ASHIK.P., S/O.MUHAMMAD KUNHI P. KOTTAPPURAM, NILESHWAR, KASARAGOD DISTRICT. 2. C.AFSATH, W/O.MUHAMMAD KUNHI P. KOTTAPPURAM, NILESHWAR, KASARAGOD DISTRICT. BY ADV. SMT.T.SUDHAMANI RESPONDENTS / STATE & DE-FACTO COMPLAINANT ---------------------------------------------------------------------------- 1. THE STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. RABIYATH M., D/O.ISMAIL, VADAKKEKOVVAL, NORTH THRIKARIPUR, KASARAGOD, PIN - 671 310. R1 BY PUBLIC PROSECUTOR SRI. P.A. SALIM R2 BY ADV. SMT.REENA ABRAHAM THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 06/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn M.SASIDHARAN NAMBIAR,J. --------------------------------------------- CRL.M.C.NO.4065 OF 2010 --------------------------------------------- Dated 6th October, 2010 O R D E R Petitioners, the accused in C.C.358/2009 on the file of Judicial First Class Magistrate's Court-II, Hosdurg taken cognizance for the offence under Section 498 A read with Section 34 of Indian Penal Code on Annexure-I final report, filed this petition under Section 482 of Code of Criminal Procedure 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 Crmc 4065/10 2 settled amicably and second respondent has no subsisting grievance against the petitioners and therefore, case is to be quashed. 3. Learned counsel appearing for the petitioners, second respondent and learned Public Prosecutor were heard. 4. Affidavit filed by the second respondent establishes that she has settled all the matrimonial disputes with the petitioners amicably and second respondent has no subsisting grievance against the petitioners. As held by the Apex Court in B.S.Joshi and others v. State of Haryana and another (2003(4) SCC 675) when matrimonial disputes are settled amicably, it is not in the interest of justice to stand on technicalities and continue the proceedings. Petition is allowed. C.C.358/2009 on Crmc 4065/10 3 the file of Judicial First Class Magistrate's Court-II, Hosdurg is quashed. M.SASIDHARAN NAMBIAR, JUDGE. uj.