IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 9TH MARCH 2010 / 18TH PHALGUNA 1931 Crl.MC.No. 816 of 2010() ------------------------ CC.2313/2008 of JUDL. MAGISTRATE OF FIRST CLASS COURT, IRINJALAKUDA .................... PETITIONERS/ACCUSED ------------------------------------ 1. ABDUL LATHEEF, AGED 40 YEARS, S/O.LATE BEERAN HAJI, ERATTUPARAMBIL HOUSE, KARUMATRA PO, IRINJALAKUDA. 2. BEEVATHUMMA, W/O. LATE BEERAN HAJI, ERATTUPARAMBIL HOUSE, KARUMATRA PO, IRINJALAKUDA. BY ADV. MR.P.K.SAJEEV, MR.C.D.DILEEP. RESPONDENTS/COMPLAINANTS ------------------------------------------------ 1. PYARIJAN. V.M, AGED 35 YEARS, D/O.MUHAMMAD, VADAKKETHALAKKAL HOUSE, KOOLIMUTTOM VILLAGE, MATHILAKAM, KODUNGALLUR TALUK. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. R2 BY PUBLIC PROSECUTOR MR.S.U. NAZAR. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 09/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. M.SASIDHARAN NAMBIAR,J. ------------------------------------------ CRL.M.C.NO.816 OF 2010 ------------------------------------------ Dated 9th March 2010 O R D E R Petitioners are the accused and first respondent, the de facto complainant in C.C.2313/2008 on the file of Judicial First Class Magistrate, Irinjalakuda taken cognizance for the offence under Section 498 A read with Section 34 of Indian Penal Code. Petition is filed under Section 482 of Code of Criminal Procedure to quash further proceedings in C.C.2313/2008 contending that entire matrimonial disputes were settled in the Adalath conducted at Thrissur, evidenced by Annexure-A4 and Annexure-Ag agreement was also executed between the parties and in view of the settlement, it is not in the interest of Crmc 816/10 2 justice to continue the prosecution. 2. First respondent appeared through a counsel and filed an affidavit stating that entire matrimonial disputes were settled and consequent to the settlement, she has no objection for quashing the proceedings. 3. Learned counsel appearing for the petitioners, first respondent and learned Public Prosecutor were heard. 4. Annexure-A4 award of the Lok Adalath establishes that entire matrimonial disputes were settled. Annexure-A5 agreement entered into between the first petitioner and first respondent establishes that consequent to the settlement of all the matrimonial disputes, she has agreed not to prosecute the case further. Affidavit filed by first respondent establishes that consequent to the Crmc 816/10 3 settlement she has no further grievance against the petitioner. 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 are settled amicably, it is not in the interest of justice to continue the prosecution standing on technicalities. Petition is allowed. C.C.2313/2008 on the file of Judicial First Class Magistrate, Irinjalakuda is quashed. M.SASIDHARAN NAMBIAR, JUDGE. uj.