IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 3RD NOVEMBER 2010 / 12TH KARTHIKA 1932 Crl.MC.No. 4399 of 2010() ------------------------------------- (CRIME NO.24/2010 OF KEEZHVAIPUR POLICE STATION, PATHANAMTHITTA DISTRICT) ..... PETITIONER(S): ACCUSED NO.1: ------------------------------------------------- B.PRADEEP KUMAR, AGED 33 YEARS, S/O. BALAKRISHNA PILLAI, EALAMANNU HOUSE, ALA P.O. & VILLAGE, CHENGANNUR TALUK, ALAPPUZHA DISTRICT. BY ADV. SRI.JOSEPH GEORGE RESPONDENT(S): COMPLAINANT AND STATE: --------------------------------------------------------------------- 1. ASHA NAIR, AGED 28, D/O. UNNIKRISHNAN, RESIDING AT ASHA BHAVAN, ANIKADU P.O., MALLAPPALLY, PIN-689 585. 2. STATE OF KERALA, REPRESENTED BY THE S.I. OF POLICE, KEEZHVAIPUR POLICE STATION, PATHANAMTHITTA DISTRICT, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 BY ADV. SRI.BIJO THOMAS GEORGE R2 BY PUBLIC PROSECUTOR SRI. P.A. SALIM THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.SASIDHARAN NAMBIAR, J. -------------------------------------------------- Crl.M.C. No. 4399 of 2010 ------------------------------------- Dated this the 3rd day of November, 2010. ORDER Petitioner is the first accused and first respondent the de facto complainant, his wife in Crime No.24/2010 of Keezhvaipur Police Station registered for offences under Sections 406 and 498 (A) read with Section 34 of Indian Penal Code on Annexure-A F.I.R., based on a complaint filed by the first respondent before Judicial First Class Magistrate, Thiruvananthapuram and sent for investigation under Section 156(3) of Code of Criminal Procedure. Petition is field under Section 482 of Code of Criminal Procedure to quash the F.I.R and the further proceedings in Crime No.24/2010 of Keezhvaipur Police Station. 2. First respondent appeared through a counsel and filed a joint petition stating that entire disputes were settled amicably and it was due to a mistake of fact the complaint was filed. 3. Learned counsel appearing the first respondent and the learned Public Prosecutor were heard. 4. As held by the Apex court in B.S.Joshi and others v. state of Hariyana and another (2003 (4) SC 675), when Crl.M.C. No. 4399 of 2010 2 matrimonial disputes are settled amicably between the husband and wife, it is not in the interest of justice to continue the prosecution, standing on technicalities. 5. The joint petition filed by the first respondent with the petitioner establishes that they have settled all the matrimonial disputes. Consequent to the settlement, it is not in the interest of justice to continue prosecution, not only against the petitioner but also against all the accused. Petition is allowed. Crime No. 24/2010 of Keezhvaipur Police Station registered under Annexure-5 F.I.R is quashed. M.SASIDHARAN NAMBIAR, JUDGE ln