IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 31ST MARCH 2010 / 10TH CHAITHRA 1932 Crl.MC.No. 828 of 2010() ----------------------------------- CC.472/2009 of JUDL. MAGISTRATE OF FIRST CLASS COURT-I, KOZHIKODE .................... PETITIONER/ACCUSED: ----------------------------------- NOUSHAD A.K, S/O.MOIDEEN, AGED 34 PUTHUSSERI TAZHAM, PARAMBIL PO MERIKKUNNU VIA, KOZHIKODE, (WITHIN THE JURISDICTION OF CHEVAYUR POLICE STATION). BY ADV. MR.E.NARAYANAN RESPONDENTS/STATE & COMPLAINANT: ------------------------------------------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. 2. SUDHEERA A.K, D/O.MOHAMMED KOYA, AGED 30 KATTAYATTU PARAMBA, KALLAYI PO, KOZHIKODE DT., (WITHIN THE JURISDICTION OF PANNIYANKARA POLICE STATION). R1 BY BY PUBLIC PROSECUTOR MR.S.U. NAZAR. R2 BY ADV. MR.B.PREMNATH . THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 31/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. M.SASIDHARAN NAMBIAR,J. ------------------------------------------ CRL.M.C.NO.828 OF 2010 ------------------------------------------ Dated 31st March 2010 O R D E R Petitioner is the accused and second respondent the complainant in C.C.472/2009 on the file of Judicial First Class Magistrate-I, Kozhikode taken cognizance on Annexure-A1 private complaint filed by the second respondent, for the offence under Sections 498 A and 406 read with Section 34 of Indian Penal Code. Petition is filed under Section 482 of Code of Criminal Procedure to quash the proceedings before the learned Magistrate contending that entire disputes were settled amicably and the husband and wife are now living together. 2. Second respondent appeared Crmc 828/10 2 through a counsel and filed an affidavit, apart from a joint statement, that entire matrimonial disputes were settled and she is now living with the petitioner and therefore, she has no objection for quashing the proceedings. 2. Learned counsel appearing for the petitioner, second respondent and learned Public Prosecutor were heard. 3. Learned Magistrate has taken cognizance of the matrimonial offence on a private complaint filed by the second respondent. Affidavit filed by the second respondent and the joint statement filed by the petitioner and second respondent establish that entire matrimonial disputes were settled amicably and both the husband and wife are living together. As held by the Apex court in B.S.Joshi and others v. State of Haryana and Crmc 828/10 3 another (2003(4) SCC 675) when matrimonial disputes are settled amicably, it is not in the interest of justice to stand on technicalities to continue the prosecution. Petition is allowed. C.C.472/2009 on the file of Judicial First Class Magistrate-I, Kozhikode is quashed. M.SASIDHARAN NAMBIAR, JUDGE. uj.