IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 12TH FEBRUARY 2009 / 23RD MAGHA 1930 Crl.MC.No. 541 of 2009() --------------------------------- CC.153/2006 of JUDL. MAGISTRATE OF FIRST CLASS-V, KOZHIKODE .................... PETITIONERS/ACCUSED: ----------------------------------- 1. RIAS, S/O. ASSANKUTTY, ATHIKKAL HOUSE, GOTHEESWARAM, P.O.BEPPUR KOZHIKODE. 2. NAVAS, S/O. ASSANKUTTY ATHIKKAL HOUSE, GOTHEESWARAM, P.O.BEPPUR KOZHIKODE. 3. ASSANKUTTY, S/O. ALIKUTTY ATHIKKAL HOUSE, GOTHEESWARAM, P.O.BEPPUR KOZHIKODE. 4. KADEESAKUTTY, ATHIKKAL HOUSE, GOTHEESWARAM, P.O.BEPPUR KOZHIKODE. BY ADV. MR.P.V.KUNHIKRISHNAN RESPONDENTS/COMPLAINANT &STATE: ---------------------------------------------------------- 1. SAMEERA, D/O. MARAKKAR, PUTHIYATHOPPIL HOUSE, VADAKKUMBAD, P.O.MANNUR, KOZHIKODE. 2. SUB INSPECTOR OF POLICE BEPPUR POLICE STATION, KOZHIKODE. 3. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. PUBLIC PROSECUTOR MR.P.A.SALIM FOR R2 & R3 ADV. MR.SAKIR.K.H. FOR R1 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 12/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Rs/ M.N. KRISHNAN, J ----------------------- CRL.M.C.No. 541 OF 2009 --------------------------------- Dated this the 12th day of February, 2009 O R D E R This petition is filed with a prayer to quash all further proceedings in C.C No. 153/2006 on the file of the Judicial First Class Magistrate Court-V, Kozhikode. The petitioners are facing a trial under Section 406 and 498 A r/w 34 of the IPC. The dispute is a matrimonial dispute. An affidavit is filed by the wife who is the defacto complainant to the effect that the matter has been settled between the parties and she does not want to prosecute the case. What shall be the methodology in such type of cases had been decided by the apex court in the decision reported in B.S. Joshi Vs. State of Haryana [2003(4) SCC 675]. The apex court held that while exercising inherent powers under Section 482 of Crl.P.C, it is for the High Court to take into consideration any special features which appear in a particular case to consider whether it is expedient and in the interest of justice to permit the prosecution to continue. The apex court also held that the special features in matrimonial cases are Crl.M.C.No. 541/2009 -2- evident and it becomes the duty of the court to encourage genuine settlement of matrimonial disputes and further held that the hyper technical view would be counter productive if it is not properly done. Turning to the facts of the present case the matrimonial dispute between the parties had been settled and they have decided to separate and live as friends. There is no point in asking them to litigate when they want a peaceful and harmonious atmosphere. So the facts and circumstances of this case would show that this is a proper case where the powers under Section 482 of the Crl.P.C can be invoked. Therefore the Crl.M.C is allowed and the entire proceedings in C.C. 153/2006 pending before the Judicial First Class Magistrate Court -V, Kozhikode is quashed. M.N. KRISHNAN,JUDGE vkm