IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 4TH NOVEMBER 2010 / 13TH KARTHIKA 1932 Crl.MC.No. 4428 of 2010() ------------------------- CC.60/2009 OF JUDL.FIRST CLASS MAGISTRATE COURT-II,PATHANAMTHITTA CRIME NO. 689/08 OF KONNI POLICE STATION, PATHANAMTHITTA .................. PETITIONERS / ACCUSED AND DEFACTO COMPLAINANT : ---------------------------------------------------------------------------------- 1. DINSHAD, NISA MANZIL, KUMMANNOOR, IRAVON, PATHANAMTHITTA. 2. RAHIMA BEEVI, NISA MANZIL, -DO- -DO- 3. NISA, NISA MANZIL, -DO- -DO- 4. MUMTAS, W/O.DINSHAD, NISA MANZIL, KUMMANNOOR, IRAVON, PATHANAMTHITTA. BY ADV. SRI.V.K.SUNIL RESPONDENT / STATE : -------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. I.V. PRAMOD THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 04/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No. 4428 OF 2010 =========================== Dated this the 4th day of November,2010 ORDER Petitioners 1 to 3 are the accused and fourth petitioner the de facto complainant in C.C.60/2009 on the file of Judicial First Class Magistrate Court-II, Pathanamthitta. First petitioner is the husband and fourth petitioner his wife. This petition is filed under section 482 of Code of Criminal Procedure to quash the proceedings contending that entire matrimonial disputes were settled amicably. 2. Learned counsel appearing for petitioners and learned Public Prosecutor were heard. 3. Annexure III final report establishes that cognizance was taken for the offence under section 498A read with section 34 of Indian Penal Code. The joint petition filed by Crl.M.C.4428/2010 2 petitioners 1 to 3 and fourth petitioner establishes that entire matrimonial disputes were settled amicably and the husband and wife are now living cordially. 4. 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 and consequent to the settlement husband and wife are living together, it is not in the interest of justice to continue the prosecution. Petition is allowed. C.C.60/2009 on the file of Judicial First Class Magistrate Court- II,Pathanamthitta is quashed. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006