IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 19TH MARCH 2010 / 28TH PHALGUNA 1931 Crl.MC.No. 950 of 2010 -------------------------------- (CRIME NO.25/10 OF ELATHUR POLICE STATION, KOZHIKODE) ........... PETITIONERS/ACCUSED: ------------------------------------- 1. B. RUPESH, S/O. UNNI NAIR, SOPANAM, BHAGAVATHY KAVIL PARAMB, EDAKKAD.P.O., KOZHIKODE. 2. SANTHA, W/O. UNNI NAIR, SOPANAM, BHAGAVATHY KAVIL PARAMB, EDAKKAD.P.O., KOZHIKODE. BY ADV. MR.P.V.KUNHIKRISHNAN. RESPONDENTS/COMPLAINANT: ----------------------------------------------- 1. SUB INSPECTOR OF POLICE, ELATHUR POLICE STATION, ELATHUR, KOZHIKODE. 2. SANTHI.P., D/O. MADHUSOODANAN, THIRUTHIKUNNATH HOUSE, MOKAVOOR, P.O. ERANJIKKAL, KOZHIKODE. 3. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 & R3 BY PUBLIC PROSECUTOR MR. S.U. NAZAR, R2 BY ADV. MR.HANSON.P.MATHEW. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 19/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No. 950 OF 2010 =========================== Dated this the 19th day of March,2010 ORDER Petitioners are the accused and second respondent the de facto complainant in Crime No.25/2010 of Elathur Police Station registered under section 498A read with section 34 of Indian Penal Code, on a private complaint filed by the second respondent. This petition is filed under section 482 of the Code of Criminal Procedure to quash the proceedings contending that entire matrimonial disputes were amicably settled under Annexure B agreement 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 stating that entire matrimonial disputes were settled Crl.M.C.950/2010 2 amicably and she has no objection for quashing the proceedings. 3. Learned counsel appearing for the petitioners and learned Public Prosecutor were heard. 4. The case against the petitioners is that they committed an offence under section 498A read with section 34 of Indian Penal Code. The case is registered, based on a private complaint filed by the second respondent, wife of the first petitioner. The affidavit filed by the second respondent establishes that entire matrimonial disputes were settled amicably and consequent to the settlement, she has no subsisting grievance against the petitioners. 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 continue the prosecution. Crl.M.C.950/2010 3 Petition is allowed. Crime No.25/2010 of Elathur Police Station is quashed. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006