IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 12TH NOVEMBER 2009 / 21ST KARTHIKA 1931 Crl.MC.No. 3241 of 2009() ----------------------------- (CRIME NO.900 OF 2005 OF ADOOR POLICE STATION) .......................................................................... PETITIONER: ACCUSED: -------------------------- SREEKUMAR N., S/O.NARAYANA PILLAI, SREERANGAM, KOLABHAGAM P.O., THOTTAPUZHASSERI VILLAGE, THIRUVALLA TALUK. BY ADV. MR.C.B.SREEKUMAR RESPONDENT(S): STATE & COMPLAINANT: ----------------------------------------------- 1.STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM (CRIME NO.900 OF 2005 OF ADOOR POLICE STATION) 2.RANI S., RADHALAYAM, NEDUMON MURI, EZHAMKULAM VILLAGE, ADOOR TALUK. ADV. MR.P.I.GEORGEKUTTY FOR R2 PUBLIC PROSECUTOR MR. K.J. MUHAMMED ANSAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 12/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No. 3241 OF 2009 =========================== Dated this the 12th day of November,2009 ORDER Petitioner is the accused and second respondent his wife the de facto complainant in C.C.333/2006 on the file of Judicial First Class Magistrate Court, Adoor taken cognizance for the offence under section 498A of Indian Penal Code. This petition is filed under section 482 of Code of Criminal Procedure to quash the proceedings contending that the matrimonial disputes between the petitioner and second respondent were amicably settled and in view of 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 the case has been registered on a complaint filed by her before Judicial First Class Magistrate Court, Adoor and sent for investigation and an OP (G& W)No. 588/2007 filed for custody of the minor children was also pending before the Family Court, Thiruvalla and O.P.545/2007 was also pending before Family Court, Thiruvalla for dissolution Crl.M.C.3241/2009 2 of the marriage and all these cases were settled amicably and in view of the settlement second respondent has no grievance as against the petitioner and she has no objection for quashing the proceedings. 3. Learned counsel appearing for the petitioner, second respondent and learned Public Prosecutor were heard. 4. The offence alleged against the petitioner is a matrimonial offence. The affidavit filed by the wife , second respondent establish that there has been a complete settlement of all the matrimonial disputes and in such circumstances second respondent submitted that she has no objection for quashing the proceedings. As held by the Apex Court in B.S.Joshi v. State of Haryana (2003 4 SCC 675) when matrimonial disputes were settled between the husband and wife, it is not in the interest of justice to continue the prosecution. Petition is allowed. C.C.333/2006 on the file of Judicial First Class Magistrate Court, Adoor is quashed. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006