IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 14TH DECEMBER 2010 / 23RD AGRAHAYANA 1932 Crl.MC.No. 4864 of 2010() ------------------------- ( CC.629/2010 of JUDICIAL MAGISTRATE OF FIRST CLASS COURT-II, THAMARASSERY .................... PETITIONER/ACCUSED: ----------------------------------- JALEEL, S/O.KUNHABDULLA, 28 YEARS, VENAT, MUTHUVAMPOYIL, THAZHEKOODARANHI, KOZHIKODE DISTRICT. BY ADV. SRI.SALIL NARAYANAN K.A. RESPONDENT/STATE & COMPLAINANT: ------------------------------------------------------------ 1. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. MS.NASHEEDA, D/O.IBRAHIM, THOONGAMPURAM, MUTHALAM, THAZHEKODE AMSOM, MANASSERY DESOM, KOZHIKODE DISTRICT. BY PUBLIC PROSECUTOR, SRI.I.V.PRAMOD THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 14/12/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: VK M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No. 4864 OF 2010 =========================== Dated this the 14th day of December,2010 ORDER Petitioner is the accused and second respondent the de facto complainant in C.C.629/2010 on the file of Judicial First Class Magistrate Court, Thamarassery taken cognizance for the offence under section 498A of Indian Penal Code on Annexure II F.I.R. Petition is filed under section 482 of Code of Criminal Procedure contending that entire matrimonial disputes were settled amicably and petitioner and second respondent are now living cordially as husband and wife and 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 Crl.M.C.4864/2010 2 consequent to the settlement, they are living together and in such circumstances, it is not in the interest of justice to continue the prosecution. 2. Learned counsel appearing for the petitioner, second respondent and learned Public Prosecutor were heard. 3. 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 and the husband and wife are living together under one roof it is not in the interest of justice to stand on technicalities and continue the prosecution. Petition is allowed. C.C.629/2010 on the file of Judicial First Class Magistrate Court-II, Thamarassery is quashed. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006