IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 9TH DECEMBER 2009 / 18TH AGRAHAYANA 1931 Crl.MC.No. 3956 of 2009() ------------------------- (CRIME NO.513 OF 2007 OF HOSDURG POLICE STATION AND C.C.NO.456 OF 2009 BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE-I, HOSDURG) PETITIONER: ACCUSED ---------------------- K.RAJAN,S/O.DAMODHARAN, CHITHARIKADAPPURAM,AJANUR VILLAGE. BY ADV. SMT.T.SUDHAMANI RESPONDENTS: STATE & DE-FACTO COMPLAINANT ------------------------------------------- 1. THE STATE OF KERALA,REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM. 2. PRIYA.B,D/O.KRISHNAN.B,VEENACHERI, BELLIKKOTH,P.O.,AJANUR,KASARAGOD. BY PUBLIC PROSECUTOR SRI.S.U.NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 09/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.SASIDHARAN NAMBIAR J. ----------------------------- CRL.M.C No.3956 of 2009 ------------------------------ Dated this the 9th day of December, 2009. O R D E R The petitioner is the first accused in C.C.No.1251 of 2007 on the file of the Judicial First Class Magistrate Court-I, Hosdurg. As the petitioner was absconding, the case against him was split up and other accused were tried for the offence under Section 498A of IPC. They were acquitted under Annexure 2 judgment. The second respondent is the defacto complainant and the wife of the petitioner. This petition is filed under Section 482 of the Code of Criminal Procedure to quash the proceedings against him contending that entire matrimonial disputes were settled amicably and in view of the settlement, it is not in the interest of justice to continue the prosecution. 2. Second respondent appeared though counsel and filed Annexure 3 affidavit stating that entire matrimonial disputes were settled amicably with the intervention of mediators and she has no objection for quashing the case. 3. The learned counsel appearing for the second respondent and the learned Public Prosecutor were heard. CRL.M.C No.3956 of 2009 2 4. The offence alleged against the petitioner is under Section 498A of Indian Penal Code. The affidavit filed by the second respondent wife establishes that entire matrimonial disputes were settled amicably. 5. As held by the Apex Court in B.S.Joshi V. State of Hariyana (2003(2) KLT 1062) when the matrimonial disputes are settled amicably, it is not in the interest of justice to continue the prosecution standing on technicalities as ultimately, consequent to the settlement chances of a successful prosecution is very bleak. In such circumstances the case can only be quashed. This petition is allowed. C.C.No.456 of 2009 on the file of the Judicial Magistrate of First Class-I, Hosdurg, is quashed. M.SASIDHARAN NAMBIAR JUDGE ab