IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 15TH JANUARY 2010 / 25TH POUSHA 1931 Crl.MC.No. 147 of 2010() ------------------------ CC.693/2007 of JUDL. FIRST CLASS MAGISTRATE COURT I, VARKALA .................... PETITIONER(S): ACCUSED: ----------------------------------------- AKBARUDHEEN, S/O.ALIYARU KUNJU, KUNNUVILA VEEDU, NEAR KADUVAYIL MOSQUE, MANAMBOOR VILLAGE, CHIRAYANKEEZHU TALUK. BY ADV. MR.SHAJIN S.HAMEED RESPONDENT(S): DEFACTO COMPLAINANT: ------------------------------------------------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. HASEENA BEEVI, AGED 25,(CW1), D/O.SHAHUL HAMEED, DECENTMUKKU, KATTILVILA VEEDU, KATTUMURAKKAL, KEEZHUVILOM VILLAGE. R1 BY PUBLIC PROSECU MR. P.A. SALIM R2 BY ADV. MR.K.K.DHEERENDRAKRISHNAN THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 15/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.SASIDHARAN NAMBIAR,J. ------------------------------------------ Crl.M.C.NO.147 OF 2010 ------------------------------------------ Dated 15th January 2010 O R D E R Petitioner is the accused and second respondent, the de facto complainant in C.C.693/2007 on the file of Judicial First Class Magistrate-I, Varkala taken cognizance for the offence under Section 498 A of Indian Penal Code on Annexure-A final report. Petition is filed under Section 482 of Code of Criminal Procedure to quash the cognizance taken and further proceedings contending that when entire matrimonial disputes were settled between the petitioner and the second respondent, it is not in the interest of justice to continue the prosecution. 2. Second respondent appeared Crmc 147/10 2 through a counsel and filed an affidavit stating that entire matrimonial disputes were settled amicably and in view of the settlement she has no objection for quashing the proceedings. 3. Learned counsel appearing for the petitioner, second respondent and learned Public Prosecutor were heard. 4. Case was registered on the complaint filed by the second respondent that petitioner committed matrimonial disputes. It is after investigation the final report was filed. Learned Magistrate has taken cognizance for the offence under Section 498 A of Indian Penal Code. Affidavit filed by the second respondent establishes that there has been settlement of all the matrimonial disputes between the parties. As held by the Apex court in B.S.Joshi Crmc 147/10 3 and others v. State of Haryana and another (2003(4) SCC 675) when the matrimonial disputes are settled, it is not in the interest of justice to continue the prosecution standing on technicalities. Petition is allowed. C.C.693/2007 on the file of Judicial First Class Magistrate-I, Varkala is quashed. M.SASIDHARAN NAMBIAR, JUDGE. uj.