IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 11TH MARCH 2009 / 20TH PHALGUNA 1930 Crl.MC.No. 743 of 2009() ------------------------ (L.P.C.No.57/2008 IN CC.236/2008 of CHIEF JUDICIAL MAGISTRATE COURT, KASARAGOD IN CRIME NO.376/06, MANJESHWAR POLICE STATION) .................... REVISION PETITIONER/APPELLANT/ACCUSED: ------------------------------------------------------- HAMEED AGED 33 YEARS, S/O.ABDUL RAHMAN, KUNDUPINI, UPALA, UPPALA VILLAGE, KASARAGOD. BY MR.T.B.SHAJIMON,ADVOCATE SMT.GOVINDU P.RENUKADEVI,ADVOCATE RESPONDENTS/COMPLAINANT/STATE: --------------------------------------------- 1. SOUDA, AGED 27 YEARS,D/O.KUNHALI. R/AT ULIYATHADKA, MADHUR.PO, KASARAGOD. 2. STATE OF KERALA,REP BY S H O MANJESHWAR POLICE STATION,REP BY THE PUBLIC PROSECUTOR, ERNAKULAM. BY PUBLIC PROSECUTOR MR.P.A.SALIM THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 11/03/2009,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N.KRISHNAN, J - - - - - - - - - - - - - - - - - - - - - - - Crl.M.C. 743 of 2009 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 11th day of March, 2009 O R D E R This petition is filed with a prayer to quash Annexure A1 final report filed in C.C. No. 236 of 2008 which is now pending as LPC No. 57 of 2008. The present petitioner is the absconding accused in a case filed under Section 498(A) of the Indian Penal Code. A statement is filed between him and his wife. As per it, it is revealed that the matter has been settled between them out of court. A document is also made available for perusal which would indicate that the husband has divorced the wife and had paid all the amounts which is crystalized to Rs. 2,00,000/-. Applying the dictum in B.S.JOSHI AND OTHERS v. STATE OF HARYANA AND ANOTHER [2003 (4) SCC 675] it has to be held that the settlement of matrimonial disputes have to be encouraged and hyper technicalities should not be resorted to when the matrimonial disputes are resolved. The husband and wife had jointly put an end to their matrimonial life and they decided to part as friends and to live in a better harmonious atmosphere. There is no point in directing them to the further face a criminal Crl.M.C. 743 of 2009 -2- prosecution. Therefore invoking the power under section 482, I quash all further proceedings in C.C. No. 236 of 2008 pending as LPC 57 of 2008 of the Chief Judicial Magistrate, Kasaragod. The Criminal M.C. is allowed. M.N.KRISHNAN, JUDGE rhs