IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 8TH APRIL 2010 / 18TH CHAITHRA 1932 Crl.MC.No. 1124 of 2010() ------------------------- CC.607/2009 of CHIEF JUDICIAL MAGISTRATE, KASARAGOD .................... PETITIONER(S): DEFACTO COMPLAINANT: --------------------------------------------------------------- DILSHAD BANU, D/O.SHEIK ADAM SAHIB,DILSHAD MANZIL, BANDIODU,P.O.MANGALPADY, KASARAGOD DISTRICT. BY ADVS. MR.K.V.SOHAN, SMT.SREEJA SOHAN.K. RESPONDENT(S): ACCUSED &STATE: --------------------------------------------------------- 1. FAIROZ HUSSAIN ,S/O.KHALANDER HUSSAIN, NO.115,(KHB) COLONY,HOUSING BOARD, ARSEEKARA, HASSAN DISTRICT,KARNATAKA STATE. 2. STATE OF KERALA ,SHO KUMBALA POLICE STATION, KASARAGOD DISTRICT, (CRIME NO.359/08) REP BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA ERNAKULAM. R1 BY ADV.MR.C.K.SREEJITH R2 BY PUBLIC PROSECUTOR MR.S.U.NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 08/04/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.SASIDHARAN NAMBIAR,J. --------------------------------------------- CRL.M.C.NO.1124 OF 2010 --------------------------------------------- Dated 8th April 2010 O R D E R Petitioner is the de facto complainant and first respondent, her husband accused in C.C.607/2009 on the file of Chief Judicial Magistrate's court, Kasargod, taken cognizance for the offence under Sections 498 A and 323 of Indian Penal Code on Annexure 1 complaint. Petition is filed by the very same de facto complainant to quash the proceedings contending that subsequently entire disputes were settled amicably and petitioner has no subsisting grievance against first respondent and therefore, it is not in the interest of justice to continue the prosecution after settlement of all the matrimonial disputes. 2. Learned counsel appearing for the petitioner, first respondent and learned Public Crmc 1124/10 2 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, it is not in the interest of justice to continue the prosecution standing on technicalities. Petition is filed by the de facto complainant, the wife herself stating that she has settled all the matrimonial disputes with the first respondent herein and therefore, it is not in the interest of justice to continue the prosecution. In such circumstances, proceedings can only be quashed. Petition is allowed. C.C.607/2009 on the file of Chief Judicial Magistrate, Kasargod is quashed. M.SASIDHARAN NAMBIAR, JUDGE. uj.