IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 21ST OCTOBER 2010 / 29TH ASWINA 1932 Crl.MC.No. 4271 of 2010() ------------------------------------- CC.187/2009 of JUDL.MAGISTRATE OF FIRST CLASS COURT-I, HOSDRUG. CRIME NO.280/2008 OF CHANDERA POLICE STATION. .................... PETITIONER/ACCUSED: ----------------------------------- NADEER,S/O.MAHAMOOD, PEKKALATHIL HOUSE, PUTHIYANGADI, KANNUR DISTRICT. BY ADV. SMT.T.SUDHAMANI RESPONDENTS/STATE & DEFACTO COMPLAINANT: ---------------------------------------------------------------------------- 1. THE STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. 2. O.K. JAMEELA, D/O.MUHAMMADALI HAJI, MUBARAK MANZIL, ORIMUKKU, PADANNA VILLAGE, KASARAGOD DISTRICT. R1 BY PUBLIC PROSECUTOR MR.P.A. SALIM. R2 BY ADV. SMT.BINDU GEORGE. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 21/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. M.SASIDHARAN NAMBIAR,J. --------------------------------------------- CRL.M.C.NO.4271 OF 2010 --------------------------------------------- Dated 21st October, 2010 O R D E R Petitioner is the accused and second respondent the de facto complainant in C.C.187/2009 on the file of Judicial First Class Magistrate's Court-I, Hosdurg, taken cognizance for the offence under Section 498 A on Annexure-I final report. They are husband and wife. Petition is filed under Section 482 of Code of Criminal Procedure to quash the proceedings contending that entire matrimonial disputes were settled amicably and consequent to the settlement, it is not in the interest of justice to continue the prosecution. 2. Second respondent appeared through a counsel and filed an affidavit Crmc 4271/10 2 stating that entire disputes were settled amicably and consequent to the settlement, she has no grievance against the petitioner and therefore, there is no objection for quashing the proceedings. 3. Learned counsel appearing for the petitioner, second respondent and learned Public Prosecutor were heard. 4. Annexure-II agreement and the affidavit filed by the second respondent wife establish that entire matrimonial disputes were settled amicably. As held by the Apex Court in B.S.Joshi and others v. State of Haryana and another (2003(4) SCC 675) when the matrimonial disputes are settled amicably, it is not in the interest of justice to stand on technicalities and proceed with the case. Crmc 4271/10 3 Petition is allowed. C.C.187/2009 on the file of Judicial First Class Magistrate's Court-I, Hosdurg is quashed. M.SASIDHARAN NAMBIAR, JUDGE. uj.