IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 5TH JUNE 2009 / 15TH JYAISHTA 1931 Crl.MC.No. 1858 of 2009(J) -------------------------- CC.37/2009 of JUDL.MAGISTRATE OF FIRST CLASS COURT -I, ALAPPUZHA .................... (CRIME NO.300/2008 OF MARARIKULAM POLICE STATION) PETITIONER(S): ACCUSED: ----------------------------------------- P.J.JOFY (41), S/O.JOHN, PUTHEN VELIYIL, KURUPPUMPADY, PERUMBAVOOR, ERNAKULAM, NOW WORKING AS SR.ENGINEERING ASST.D.D.K.BANGLORE. BY ADV. MR.SUBAL J.PAUL RESPONDENT(S): DEFACTO COMPLAINANT & STATE: --------------------------------------------------------------------------------- 1. MARY KUTTY, D/O.LATE JOHN, THAYYIL HOUSE, POLLATHAI, SHERTHALAI, ALAPUZHA. 2. STATE OF KERALA, (REP.BY S.I OF POLICE, MARARIKULAM P.S. (REP.BY STATE PROSECUTOR, HIGH COURT OF KERALA). R1 BY ADV. MR.B.PRAMOD R2 BY PUBLIC PROSECUTOR MR.S GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 05/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.SASIDHARAN NAMBIAR,J. ------------------------------------------ CRL.M.C.NO.1858 OF 2009 ------------------------------------------ Dated 5th June 2009 O R D E R Petitioner is the husband and first respondent, the wife. Petitioner is the accused and first respondent the defacto complainant in C.C.37/2009 on the file of Judicial First Class Magistrate, Alappuzha. Prosecution case is that petitioner committed offences under Section 498A and 406 of Indian Penal Code. O.P.223/2008 was filed before Family court, Ernakulam for dissolution of the marriage. Wife/first respondent filed a petition for transfer of that case and when it was rejected she filed transfer appeal 9/2008 before the Division Bench. When that appeal was pending there was a direction by this court to stay further proceedings in C.C.37/2009, so as to enable the parties to arrive at a settlement of all the disputes. Subsequently, they have resolved the disputes and decided to live separately. Consequent to the settlement, they have also decided not to prosecute the criminal case. This CRMC 1858/09 2 petition is filed under Section 482 of Code of Criminal Procedure to quash the case contending that in view of the settlement, a joint petition was filed to dissolve the marriage and the disputes between petitioner and first respondent were resolved and first respondent is therefore do not intend to prosecute the case and therefore the case is to be quashed. 2. As the offence alleged against the petitioner is a matrimonial dispute which is now settled between the parties, as held by the Apex court in B.S.Joshi and others v. State of Haryana and another (2003(4) SCC 675 it is not necessary to continue the proceedings by standing on technicalities. In view of the settlement and to preserve the cordial atmosphere between the families in the interest of justice, the petition is allowed. C.C.37/2009 on the file of Judicial First Class Magistrate-I, Alappuzha is quashed. M.SASIDHARAN NAMBIAR, JUDGE. uj.