IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 10TH MARCH 2010 / 19TH PHALGUNA 1931 Crl.MC.No. 570 of 2010() ------------------------ CC.316/2008 of CHIEF JUDICIAL MAGISTRATE COURT, MANJERI .................... PETITIONER/ACCUSED --------------------------------- V.P.MOHAMMED RAHMATHULLA, S/O.MOHAMMED MOULAVI, RAHMATH MANZIL, NEAR GIMCO TRADERS, ARECODE, MALAPPURAM DISTRICT. BY ADV. SRI.P.SAMSUDIN RESPONDENTS/ DEFACTO COMPLAINANT AND STATE -------------------------------------------- 1. MUSLIYARAKATH SUBAIDA, D/O.ABDULLA, AGED 38 YEARS, KARIMPATTAYIL HOUSE, KEEZHUPARAMBU, ARECODE, MALAPPURAM DISTRICT. 2. STATE OF KERALA, REP. BY THE SUB INSPECTOR OF POLICE, ARECODE THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. S.U.NAZAR ADV. SRI.M.SHAJU PURUSHOTHAMAN FOR R1 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 10/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.SASIDHARAN NAMBIAR, J. --------------------------- CRL.M.C. No. 570 OF 2010 -------------------------- Dated this the 10th day of March, 2010 O R D E R Petitioner is the accused and first respondent, the de facto complainant who is the wife of the petitioner in C.C No.316/2008 on the file of Chief Judicial Magistrate, Manjeri taken cognizance for the offence under Section 498 A of Indian penal Code on Annexure- A2 final report. Petition is filed under Section 482 of Code of Criminal Procedure to quash the proceedings contending that entire matrimonial disputes were amicably settled and in view of settlement, it is not in the interest of Justice to continue the prosecution. 2 Learned counsel appearing for the first respondent and learned Public Prosecutor were heard. 3. Affidavit filed by the first respondent establishes that entire matrimonial disputes were settled amicably. Annexure-A3 agreement establishes that disputes were settled under the said agreement. 4. As held by the Apex Court in B.S.Joshi and others v. State of Haryana and another (2003 (4) SCC 675), when Crl.M.C. No.570/2010 2 matrimonial disputes are settled amicably, it is not in the interest of justice to stand on technicalities and to continue the prosecution. The affidavit filed by the first respondent wife establishes that matrimonial disputes were settled amicably. In such circumstances, the petition is allowed. C.C. No.316/2008 on the file of Chief Judicial Magistrate, Manjeri is quashed. M.SASIDHARAN NAMBIAR (JUDGE) vps Crl.M.C. No.570/2010 3