IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 3RD JANUARY 2011 / 13TH POUSHA 1932 CRL.MC.NO. 5078 OF 2010() ------------------------------------------- CC.144/2008 OF JUDL.MAGISTRATE OF FIRST CLASS COURT-I, PATHANAMTHITTA PETITIONER(S): ---------------------- 1. MANOJ, AGED 32 YEAZRS, S/O.SUMATHYKUTTY AMMA, SANTHI, KADAMANITTA, NARAGRANAM VILLAGE, KOZHENCHERY TALUK, PATHANAMTHITTA DISTRICT. 2. SUMATHYKUTTY AMMA, AGED 55 YEARS, W/O.MURALEEDHARAN PILLAI, DO. DO. DO. DO. 3. SREELATHA, AGED 28 YEARS, D/O. SUMATHYKUTTY AMMA, DO. DO. DO. DO. BY ADV. SRI.K.N.RADHAKRISHNAN(THIRUVALLA) RESPONDENT(S): ------------------------ 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUBHAKUMARI, AGED 29 YEARS, D/O. PARAMESWARAN PILLAI, PAIYVAZHI, ULLANNOOR MURI, KULANADA VILLAGE, KOZHENCHERY TALUK, PATHANAMTHITTA DISTRICT. BY PUBLIC PROSECUTOR SMT. PUSPHALATHA M.K. ADV. SRI.SYAM J SAM THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03/01/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P.JOSEPH, J. ==================================== Crl. M.C. No.5078 of 2010 ==================================== Dated this the 03rd day of January, 2011 O R D E R Respondent No.2 is the wife of petitioner No.1. At a time when their relationship was strained respondent No.2 preferred a complaint in the court of learned Judicial First Class Magistrate-I, Pathanamthitta alleging offence punishable under Section 498A read with 34 of the Indian Penal Code (for short, “the Code”). That complaint was forwarded to the police under Section 156(3) of the Code of Criminal Procedure (for short, “the Cr.P.C.”). Based on that, Aranmula police registered Crime No.503 of 2007 against petitioners, investigated and filed Annexure A1, final report alleging that petitioners have committed offence under Sec.498A read with 34 of the Code. Based on that, learned Judicial First Class Magistrate-I, Pathanamthitta has taken cognizance against petitioners for the said offence in C.C. No.144 of 2008. This petition is filed under Section 482 of the Cr.P.C to quash the proceedings in C.C. No.144 of 2008 and the entire proceedings initiated against petitioners pursuant to it. It is stated that petitioners and respondent No.2 have settled the dispute. I have heard learned counsel and learned Public Prosecutor. CRL.M.C. No.5078 of 2010 -: 2 :- 2. Petitioners and respondent No.2 have filed a joint petition dated 23.12.2010 wherein it is stated that they have amicably settled the dispute between them and consequent to that, petitioner No.1 and respondent No.2 are now living together as husband and wife. Respondent No.2 has also expressed her willingness to compound the offence. 3. It is revealed from the joint petition that parties have settled the dispute and are living together as husband and wife in peace. In such a situation continuance of the proceedings will not yield the expected result. In order to maintain the harmonious relationship between the parties it is necessary to quash the entire proceedings. Hence I am inclined to allow this petition. Resultantly this Criminal Miscellaneous Case is allowed. Annexure A1, final report in Crime No.503 of 2007 of the Aranmula police, cognizance taken by learned Judicial First Class Magistrate-I, Pathanamthitta based on that and all the proceedings in C.C. No.144 of 2008 of that court are quashed. THOMAS P. JOSEPH, JUDGE. vsv