IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 14TH SEPTEMBER 2010 / 23RD BHADRA 1932 Crl.MC.No. 3783 of 2010() ----------------------- CC.2298/2009 of JUDL. FIRST CLASS MAGISTRATE COURT-I, THRISSUR CRIME NO. 460/2009 OF TOWN EAST POLICE STATION, THRISSUR .................. PETITIONER / ACCUSED : ---------------------------------- 1. BINU, AGED 34 YEARS, S/O. ABDUL RAHIMAN, VALIYAKATH HOUSE, VELIYANNUR DESOM, THRISSUR VILLAGE, THRISSUR. 2. RASIYABI AGED 51 YEARS, W/O. ABDUL RAHIMAN, VALIYAKATH HOUSE, VELIYANNUR DESOM, THRISSUR VILLAGE, THRISSUR. 3. ABDU, AGED 75 YEARS, S/O. MUHAMMED, VALIYAKATH HOUSE, VELIYANNUR DESOM, THRISSUR VILLAGE, THRISSUR. BY ADV. SRI.P.SANTHOSH (PODUVAL) SMT.R.RAJITHA RESPONDENTS / DEFACTO-COMPLAINANT & STATE : --------------------------------------------------------------------------- 1. HASEENA AGED 22 YEARS, W/O. BINU, VALIYAKATH HOUSE, VELIYANNUR DESOM, THRISSUR VILLAGE, THRISSUR-680683. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 BY ADV. SRI.P.K.SAJEEV R2 BY PUBLIC PROSECUTOR SRI. P.A. SALIM THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 14/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No. 3783 OF 2010 =========================== Dated this the 14th day of September,2010 ORDER Petitioners are the accused and first respondent the de facto complainant in C.C.2298/2009 on the file of Judicial First Class Magistrate's Court, Thrissur taken cognizance for the offences under section 498A read with section 34 of Indian Penal Code. This petition is filed under section 482 of Code of Criminal Procedure to quash the cognizance taken contending that entire matrimonial disputes were settled amicably between the first petitioner husband and the first respondent wife and consequent to the settlement, first respondent has no grievance against the petitioners and therefore the proceedings is to be quashed. 2. First respondent appeared through a Crl.M.C.3783/2010 2 counsel and also filed an affidavit stating that entire matrimonial disputes were settled amicably and consequent to the settlement, she has no objection for quashing the proceedings pending before the learned Magistrate. 2. Learned counsel appearing for the petitioners, first respondent and learned Public Prosecutor were heard. 3. Learned Magistrate has taken cognizance for the offence under section 498A of Indian Penal Code. Affidavit filed by the first respondent wife establishes that subsequently entire matrimonial disputes were settled amicably by the petitioners and the first respondent and consequent to the settlement, first respondent has no subsisting grievance against the petitioners. She has expressed her willingness to quash the proceedings. 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 were settled amicably, it is not in the interest of justice to continue the Crl.M.C.3783/2010 3 prosecution. Petition is allowed. C.C.2298/2009 on the file of Judicial First Class Magistrate's Court-I, Thrissur is quashed. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006