IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 15TH OCTOBER 2009 / 23RD ASWINA 1931 Crl.MC.No. 3220 of 2009 --------------------------------------- CC.1620/2008 of JUDL.MAGISTRATE OF FIRST CLASS-II, ALUVA .................... PETITIONER/ACCUSED: SANTHOSH.R., S/O.SRI.RAMACHANDRAN, AGED 36 YEARS, MEENATHEVADAKKETHIL HOUSE, PATTOOR P.O., PADANILAM, NOORNADU, ALAPPUZHA. BY ADV. SRI.P.GOPAKUMARAN NAIR RESPONDENTS/COMPLAINANT: 1. REMYA.R., D/O.SRI.N.RAVEENDRAN, UNNI NIVAS, HMT COLONY P.O., KALAMASSERY, ERNAKULAM DISTRICT. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY ADV. SRI.MANU ROY FOR R1 PUBLIC PROSECUTOR SRI.S.U.NAZAR FOR R2 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 15/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.3220 of 2009 -------------------------- ORDER Petitioner is the accused and first respondent the defacto complainant in C.C.No.1620/2008 on the file of Judicial First Class Magistrate's Court-II, Aluva, taken cognizance for offence under Section 498A of Indian Penal Code upon Annexure-B final report submitted by Sub Inspector of Police, Kalamassery Police Station. This petition is filed under Section 482 of Code of Criminal Procedure to quash the proceedings contending that entire matrimonial disputes between the parties were settled and in such circumstances, it is not in the interest of justice to continue the prosecution. 2. Learned counsel appearing for the petitioner, first respondent and learned Public Prosecutor were heard. 3. Affidavit filed by the first respondent establishes that entire matrimonial disputes CRMC 3220/09 2 between the parties were amicably settled. As held by the Apex Court in B.S.Joshi v. State of Haryana ((2003) 4 SCC 675), when the matrimonial disputes were amicably settled between the husband and wife, it is not in the interest of justice to stand on technicalities and proceed with the case. When, consequent to the settlement, chances of a successful prosecution are very bleak, it is not in the interest of justice to continue the prosecution. Petition is allowed. C.C.No.1620/2008 on the file of Judicial First Class Magistrate's Court-II, Aluva is quashed. 15th October, 2009 (M.Sasidharan Nambiar, Judge) tkv