IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 25TH NOVEMBER 2010 / 4TH AGRAHAYANA 1932 Crl.MC.No. 4648 of 2010 ---------------------------------- [C.C. NO.423/05 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT, PARAVOOR, CRIME NO.273/2004 OF CHATHANNOOR POLICE STATION] ................ PETITIONER/ACCUSED: ---------------------------------- JIJI.B.S., S/O.BHASKARAPILLAI, KEDAKULANGARA VEEDU, MENAPPALLY DESOM, MUKUNTHAPURAM CHERI, CHAVARA VILLAGE, KOLLAM DISTRICT. BY ADV. SRI.ALEXANDER GEORGE. RESPONDENT/STATE/COMPLAINANT: ------------------------------------------------------- 1. STATE OF KERALA, REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN -682 031. 2. STATION HOUSE OFFICER, CHATHANNOOR POLICE STATION, KOLLAM DISTRICT. PIN-691 001. 3. SANDHYA, D/O.VASANTHA, SANDHYA BHAVANAM, ERATHU CHERIYIL, MEENADU VILLAGE, KOLLAM DISTRICT. PIN.691 001. R1 & R2 BY PUBLIC PROSECUTOR SRI. I.V. PRAMOD, R3 BY ADV. SRI.J.ABHILASH. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 25/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No.4648 OF 2010 =========================== Dated this the 25th day of November,2010 ORDER Petitioner is the accused husband and third respondent the de facto complainant wife in C.C.423/2005 on the file of Judicial First Class Magistrate, Paravoor taken cognizance for the offence under section 498A of Indian Penal Code on Annexure II final report. Petition is filed under section 482 of Code of Criminal Procedure to quash th 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. Third respondent appeared through a counsel and filed a joint petition along with the petitioner stating that entire matrimonial disputes were settled on mediation conducted by Crl.M.C.4648/2010 2 Family Court, Kollam and consequent to the settlement, third respondent has no subsisting grievance against the petitioner and in view of the settlement, there is no necessity to continue the prosecution and it is to be quashed. 3. Learned counsel appearing for the petitioner, third respondent and learned Public Prosecutor were heard. 4. As held by the Apex Court in B.S. Joshi 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. Joint petition filed by the petitioner and third respondent establish that on mediation conducted by the Family Court, Kollam entire matrimonial disputes were settled amicably. In such circumstances, it is not in the interest of justice to continue the prosecution. Petition is allowed. C.C.423/2005 on the file Crl.M.C.4648/2010 3 of Judicial First Class Magistrate Court, Paravoor is quashed. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006