IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 11TH MARCH 2009 / 20TH PHALGUNA 1930 Crl.MC.No. 484 of 2009(A) ------------------------------ FINAL REPORT/CHARGE SHEET NO.175/07 OF JUDICIAL FIRST CLASS MAGISTRATE-II, KANNUR PETITIONER(S): ACCUSED ---------------------- PARAPPURATH RIYAS, S/O.LATE A.K.ALI, PARAPPURAM HOUSE, VANKULATH VAYAL, P.O.OAZHIKODE, KANNUR-09. BY ADV. SRI.RAJESH NAMBIAR RESPONDENT(S): --------------- 1. STATE OF KERALA,REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. 2. P.SABEENA, D/O.MOIDEEN KUNHI, "P.M.NIVAS" KANHIRA P.O. THOTTADA, KANNUR-07. PUBLIC PROSECUTOR SRI. GIKKU JACOB. SRI.P.U.SHAILAJAN FOR R2 SRI.P.U.SHAILAJAN THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 11/03/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = CRL.M.C. NO. 484 OF 2009 = = = = = = = = = = = = = = = Dated this the 11th day of March, 2009. O R D E R This petition is filed to quash the proceedings in C.C.538/07 of the Judicial First Class Magistrate-II, Kannur. The petitioner is the husband and the respondent is the wife. The petitioner is facing allegations u/Ss. 498A and 506(2) of the IPC. The matter has been amicably settled between the parties. I am informed that the marriage has ended in divorce by pronouncement of 'Talaque' and the wife does not want to continue the prosecution against her former husband. It is agreed upon by the counsel for the wife as well. The modality to be followed has been laid down in Joshi's case(B.S. Joshi v. State of Haryana (2003 (4) SCC 675). The Apex Court has held that by invoking jurisdiction u/s 482 Cr.P.C. it is the duty of the High Court to see that any purpose will be served by allowing the prosecution to continue. It is also to encourage settlement of matrimonial disputes the Apex Court also observed that Crl.M.C. 484 OF 2009 -:2:- hypertechnicality would result in counterproductivity which should not be allowed. Applying the said dictum to the present facts of the case the parties have settled the matter and they have decided to live separately in a better harmonious atmosphere. So there is no point in directing them to continue the litigation. Therefore I invoke the power u/s 482 Cr.P.C. and quash all further proceedings in C.C.538/07 of Judicial First Class Magistrate-II, Kannur. The Crl.M.C. is disposed of accordingly. M.N. KRISHNAN, JUDGE. ul/-