IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 22ND MARCH 2010 / 1ST CHAITHRA 1932 Crl.MC.No. 702 of 2010() ---------------------------------- CC.696/2007 of JUDL.MAGISTRATE OF FIRST CLASS - I, PARAVUR. CRIME NO.111/2007 OF MUNAMBAM POLICE STATION. .................... PETITIONER(S): DEFACTO COMPLAINANT ------------------------ REMYA MATHEW, AGED 26 YEARS, D/O. MATHEW, AZHIKKAL VEEDU, PALLIPPURM POST, VYPIN, ERNAKULAM. BY ADV. SMT.DIJI.K.DASAN RESPONDENT(S): ACCUSED & STATE ---------------------------- 1. SAIJU, AGED 33 YEARS, S/O. ANTONY, KOZHIKKOTUTHARA VEEDU, PERUMBLLY , NJARAKKAL POST, KOCHI, ERNAKULAM. 2. ANTONY AGED 63 YEARS, KOZHIKKOTTUTHARA VEEDU, PERUMBILLY, NJARAKKAL POST, KOCHI, ERNAKULAM. 3. VICTORIA, AGEDF 57 YEARS, W/O. ANTONY, KOZHIKKOTTUTHARA VEEDU, PERUMBILLY, NJARAKKAL POST, KOCHI, ERNAKULAM. 4. STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 TO R3 BY ADV. MRI.K.D.PAUL DALIN R4 BY PUBLIC PROSECUTOR MR.S.U.NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 22/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss M.SASIDHARAN NAMBIAR,J. ------------------------------------------ CRL.M.C.NO.702 OF 2010 ------------------------------------------ Dated 22nd March 2010 O R D E R Petitioner is the de facto complainant in C.C.696/2007 on the file of Judicial First Class Magistrate, North Paravur taken cognizance for the offence under Section 498 A of Indian Penal Code against respondents 1 to 3 on Annexure-A1 final report. De facto complainant herself filed this petition to quash the proceedings contending that entire matrimonial disputes were settled amicably with respondents 1 to 3, her husband and in-laws, and consequent to the settlement it is not in the interest of justice to continue the prosecution. Annexure-A2 agreement is also produced to show that Crmc 702/10 2 entire disputes were settled amicably. 2. Learned counsel appearing for the petitioner, respondents 1 to 3 and learned Public 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. It is the wife who was allegedly treated with cruelty by respondents 1 to 3, filed this petition stating that all the matrimonial disputes with respondents 1 to 3 were settled and consequent to the settlement she has no grievance against the petitioners. Hence it is not in the interest of justice to Crmc 702/10 3 continue the prosecution. Petition is allowed. C.C.696/2007 on the file of Judicial First Class Magistrate, North Paravur is quashed. M.SASIDHARAN NAMBIAR, JUDGE. uj.