IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 22ND DECEMBER 2009 / 1ST POUSHA 1931 CRMC.No. 3991 of 2009() ------------------------- CC.1241/2008 OF JUDL.MAGISTRATE OF FIRST CLASS-I, KOTTARAKKARA .................... PETITIONER/ACCUSED: --------------------------- HASHIM, S/O.MYTHEEN KUNJU PALLIYAMVILA KIZHAKKATHIL, THRIPPALAZHIKOM, KUZHIMATHICAUD PO, KUNDARA, KOLLAM DISTRICT. BY ADV. SRI.B.MOHANLAL RESPONDENTS/COMPLAINANT: --------------- 1. STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, EZHUKONE POLICE STATION KOLLAM DISTRICT THROUGH THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. 2. SHIJINA, D/O. ABDUL HAKKIM, KOCHUPARAMBIL VEEDU, THEKKEVILA, KOLLAM. BY P.A. SALIM, PUBLIC PROSECUTOR R2 BY ADV. SRI.C.SINOY THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 22/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.SASIDHARAN NAMBIAR,J. ------------------------------------------ Crl.M.C.NO.3991 OF 2009 ------------------------------------------ Dated 22nd December 2009 O R D E R Petitioner is the accused and second respondent, the de facto complainant in C.C.1241/2008 on the file of Judicial First Class Magistrate-I, Kottarakkara taken cognizance for the offence under Section 498 A of Indian Penal Code on Annexure-II final report. Petitioner is the husband and second respondent, the wife. Petition is filed under Section 482 of Code of Criminal Procedure to quash the proceedings contending that entire disputes were settled amicably and in view of the settlement it is not in the interest of justice to continue the prosecution. Annexure-III agreement is produced to prove Crmc 3991/09 2 that there has been a complete settlement of all the matrimonial disputes and there was also an undertaking not to proceed with the pending cases. 2. Second respondent appeared through a counsel and filed Annexure-IV affidavit stating that the entire disputes were settled amicably and she has no subsisting grievance against the petitioner and in view of the settlement of the matrimonial disputes, it is not in the interest of justice to continue the prosecution and she has no objection for quashing the proceedings. 3. Learned counsel appearing for the petitioner, first respondent and learned Public Prosecutor were heard. 4. Annexure-II final report shows Crmc 3991/09 3 that offence alleged against the petitioner is matrimonial offence. Affidavit filed by second respondent establishes that matrimonial disputes were settled amicably. As held by the Apex court in B.S.Joshi and others v. State of Haryana and another (2003 (4) SCC 675) when the matrimonial disputes are settled amicably, it is not in the interest of justice to continue the proceedings standing on technicalities. Hence petition is allowed. C.C.1241/2008 on the file of Judicial First Class Magistrate-I, Kottarakkara is quashed. M.SASIDHARAN NAMBIAR, JUDGE. uj.