IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 22ND JANUARY 2010 / 2ND MAGHA 1931 Crl.MC.No. 107 of 2010() ---------------------------------- CC.103/2006 of CHIEF JUDICIAL MAGISTRATE COURT, TRIVANDRUM .................... PETITIONER/ACCUSED --------------------------------- MARTIN GEORGE, ST.JEWS HOUSE, TC.34/2, KANNANTHURA, SANKUMUKHAM WARD, PETTA VILLAGE, THIRUVANANTHAPURAM. BY ADV. MR.SUMAN CHAKRAVARTHY, SMT. RIJA.K.R. RESPONDENTS/DEFACTO COMPLIANANT & STATE -------------------------------------------------------------------------- 1. REENA, D/O.MAGGI D'CRUZ, T.C.32/992, JOS NIVAS, VEETUKADU, PETTAH, THIRUVANANTHAPURAM. 2. THE STATE OF KERALA, REP.BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA. R1 BY ADV. MR.M.R. RAJESH. R2 BY PUBLIC PROSECUTOR MR.AMJAD ALI. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 22/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No. 107 OF 2010 =========================== Dated this the 22nd day of January,2010 ORDER Petitioner is the accused and first respondent the de facto complainant in C.C.103/2006 on the file of Chief Judicial Magistrate Court, Thiruvananthapuram taken cognizance for the offence under section 498A, on Annexure B final report. Petitioner is the husband and first respondent the wife. This petition is filed under section 482 of Code of Criminal Procedure to quash the proceedings contending that all the matrimonial disputes were settled amicably and in O.P.33/2006 and O.P.34/2006 on the file of Family Court, Thiruvananthapuram, Annexure A compromise petition was filed agreeing for settlement and withdrawal of the criminal case and in such circumstances, it is not in the interest of Crl.M.C.107/2010 2 justice to continue the prosecution. 2. First respondent appeared through a counsel and filed Annexure C affidavit stating that entire disputes were settled amicably and in view of the settlement, she has no objection to quash the proceedings as she has agreed to withdraw the prosecution. 3. Learned counsel appearing for the petitioner and learned Public Prosecutor were heard. 4. As held by the Apex Court in B.S.Joshi v. State of Haryana (2003) 4 SCC 675) when matrimonial disputes are settled between the husband and wife amicably, it is not in the interest of justice to stand on technicalities and continue the prosecution. Annexure A compromise petition filed before the Family court, Thiruvananthapuram with Anneuxre C affidavit filed before this court by the first respondent, establishes that there has been a complete settlement of all the matrimonial Crl.M.C.107/2010 3 disputes. In such circumstances, it is not in the interest of justice to continue the prosecution. Petition is allowed. C.C.103/2006 on the file of Chief Judicial Magistrate Court, Thiruvananthapuram is quashed. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006