IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 7TH APRIL 2009 / 17TH CHAITHRA 1931 Crl.MC.No.1300 of 2009 --------------------------- L.P.No.236/2006 OF JUDICIAL MAGISTRATE OF FIRST CLASS-I, KOTTARAKKARA. ...... PETITIONER/ACCUSED No.1: -------------------------------- SHAMEER, AGED 38 YEARS, S/O.YUNUS KUNJU, SHEEJA MANDIRATHIL, PUNUKUNNOOR CHERRY, KOTTANKARA VILLAGE. BY MR.V.V.RAJA, ADVOCATE. RESPONDENTS/STATE & DEFACTO COMPLAINANT: -------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SAJEELA BEEVI, AGED 35 YEARS, D/O.AISHA BEEVI, MUMTHAZ MANZIL, ALANCHARRY MUKKU, PALLIKKAL MURI, MYLAM VILLAGE. BY MS.SIMLA PRABHAKARAN, ADVOCATE. MR. GIKKU JACOB, PUBLIC PROSECUTOR. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 07/04/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. --------------------------------------- Crl.M.C. No.1300 OF 2009 --------------------------------------- Dated this the 7th day of April, 2009. O R D E R This petition is filed with a prayer to quash further proceedings in L.P.No.236/2006 on the file of the Judicial Magistrate of First Class-I, Kottarakkara. The offence alleged against the petitioner is under Section 498A read with Section 34 of Indian Penal Code. There was proceedings against the father of the petitioner also which had entered in an acquittal. 2. Now the husband and the wife has compounded the matter and are living together thereby creating a happy matrimonial atmosphere. In such case, the dictum laid down in B.S.Joshi and others vs. State of Haryana and another ((2003) 4 SCC 675) has to be followed. It is held in the said case that by invoking the power under Section 482 of the Code of Criminal Procedure, the High Court can look into the end result that can be envisaged. It is also stated that matrimonial disputes should be encouraged to be settled and further hyper technicality Crl.M.C.No.1300/2009 2 should not result in counter productivity. Invoking the dictum laid down in the said decision and applying to the facts of the case here, the matrimonial dispute is settled and they are living together in a happy atmosphere. Therefore, I invoke the power under Section 482 Cr.P.C and quash all further proceedings in L.P.No.236/2006 on the file of the Judicial Magistrate of First Class-I, Kottarakkara. This Crl.M.C. is allowed. M.N. KRISHNAN JUDGE smp Crl.M.C.No.1300/2009 3 M.N.KRISHNAN, J. Crl.M.C. No. 1300 OF 2009 O R D E R 07.04.2009