IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 9TH SEPTEMBER 2010 / 18TH BHADRA 1932 Crl.MC.No. 3746 of 2010 ---------------------------------- [C.C. NO. 2263/05 OF ADDITIONAL CHIEF JUDICIAL MAGISTRATE'S COURT, ERNAKULAM] ........... PETITIONERS/ACCUSED AND DEFACTO COMPLAINANT: ---------------------------------------------------------------------------------- 1. UNNIKRISHANAN K.R.,S/O.LATE N.RAJAN NAIR AGED ABOUT 42 YEARS, RESIDING AT NO.34/14, AYYAPPA NILAYAM, 4TH MAIN, 5TH CROSS, GANGANAGAR EXTENSION, R.T.NAGAR P.O., BANGALORE-560 032. 2. AMBUJAKSHI AMMA, RESIDING AT NO.34/14, AYYAPPA NILAYAM, 4TH MAIN, 5TH CROSS, GANGANAGAR, EXTENSION, R.T.NAGAR (P.O)BANGALORE-560 032 3. THAKAMANI K.B., PADAVARA HOUSE, MARKET ROAD, THRIPUNITHURA,ERNAKULAM. BY ADV. SRI.GRASHIOUS KURIAKOSE RESPONDENT/COMPLAINANT: -------------------------------------------- STATION HOUSE OFFICER,PALACE POLICE STAION,REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. I.V. PRAMOD. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 09/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No. 3746 OF 2010 =========================== Dated this the 9th day of September,2010 ORDER First petitioner is the husband. Second petitioner is the mother and third petitioner the wife the first petitioner. Petitioners 1 and 2 are the accused and third petitioner the de facto complainant in C.C.2263/2005 on the file of Additional Chief Judicial Magistrate's Court, Ernakulam taken cognizance for the offence under section 498A on Annexure I final report. Petition is jointly filed by the petitioners and the de facto complainant contending that the entire matrimonial disputes were settled amicably and there is no subsisting dispute between them and consequent to the settlement, it is not in the interest of justice to continue the prosecution. 2. Learned counsel appearing for the Crl.M.C.3746/2010 2 petitioners and learned Public Prosecutor were heard. 3. The case against petitioners 1 and 2 is that they committed the offence under section 498A of Indian Penal Code by treating third petitioner wife of the first petitioner with cruelty. The joint petition filed by the accused and the de facto complainant establishes that the entire 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 matrimonial disputes are settled amicably, it is not in the interest of justice to continue the prosecution. In such circumstances, petition is allowed. C.C.2263/2005 on the file of Additional Chief Judicial Magistrate, Ernakulam is quashed. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006