IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 3RD MARCH 2009 / 12TH PHALGUNA 1930 Crl.MC.No. 759 of 2009() --------------------------------- CRIME NO.2 OF 2008 OF KOTHAMANGALAM POLICE STATION. ................. PETITIONER/ACCUSED: --------------------------------- BABU.K.PUTHETHU, AGED 46, S/O.P.M.KURIAKOSE, PUTHETHU HOUSE, THRIKKARIYUR VILLAGE, BYE PASS, KOTHAMANGALAM. BY ADV. MR.LELLULAL T.G.THUNDATHIL MR.JULIUS SMITH RESPONDENTS/COMPLAINANTS AND STATE: ------------------------------------------------------------------- 1. MRS.GRACY M.A., AGED 44, W/O.BABU.K.PUTHETHU, MANICKATHAN HOUSE, THANNIPUZHA, OKKAL P.O., KALADY. 2. SUB INSPECTOR OF POLICE, KOTHAMANGALAM POLICE STATION, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR MR.P.A.SALIM FOR R2 ADV. MR.M.R.DHANIL FOR R1 SMT.P.R.JAMUNA FOR R1 THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 03/03/2009,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Rs/ M.N. KRISHNAN, J. = = = = = = = = = = = = = = CRL.M.C. NO. 759 OF 2009 = = = = = = = = = = = = = = = Dated this the 3rd day of March, 2009. O R D E R This petition is filed to quash all proceedings in C.C.395/08 pending before the Judicial First Class Magistrate, Kothamangalam. The petitioner is facing a trial u/s 498A of the IPC. The husband and wife had settled the matter and wife does not want to continue the proceedings. It is evidenced by affidavit filed and the wife is represented by lawyer also and she also affirms that the matter has been settled. In Joshi's case(B.S. Joshi v. State of Haryana (2003 (4) SCC 675) the Apex Court has held that by invoking the power u/s 482Cr.P.C the High Court is bound to consider regarding the continuance of prosecution. It has also been held that in matrimonial disputes settlement should be encouraged and it was further held that hypertechnicality will result in counterproductivity and therefore a liberal view has to be taken in such matters. Since the husband and wife had settled the matter among CRL.M.C. 759 OF 2009 -:2:- themselves and had decided to live in a harmonious atmosphere there is no need to continue this proceedings. Therefore invoking the power u/s 482Cr.P.C I quash all further proceedings in C.C.395/08 pending before the Judicial First Class Magistrate, Kothamangalam. Thus the Crl.M.C is allowed. M.N. KRISHNAN, JUDGE. ul/-