IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 21ST DECEMBER 2010 / 30TH AGRAHAYANA 1932 Crl.MC.No. 4979 of 2010() ------------------------------------ ( CRIME NO. 835/2010 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-1, ATTINGAL) ------------------------------ PETITIONER(S): ACCUSED & DEFACTO COMPLAINANT ------------------------------------------------------------------------------- 1. BINU, S/O.LATE VIJAYAN, AGED 36 YEARS, RESIDING AT BINDU NIVAS, AVANAVANCHERRY, EDAKKODU VILLAGE, CHIRAYINKEEZHU TALUK. 2. SUSEELA, W/O.LATE VIJAYAN, AGED 58 YEARS, RESIDING AT BINDU NIVAS, AVANAVANCHERRY, EDAKKODU VILLAGE, CHIRAYINKEEZHU TALUK. 3. BEENA.V.S., AGED 35 YEARS, W/O.SHAJI.T.P., RESIDING AT BINDU NIVAS, AVANAVANCHERRY, EDAKKODU VILLAGE, CHIRAYINKEEZHU TALUK. 4. PREETHA, AGED 28 YEARS, D/O.PRAKASAN, VALIKONAM, VEYILOOR VILLAGE, ATTINGAL. BY ADV. SRI.J.JAYAKUMAR RESPONDENT(S): COMPLAINANT & STATE -------------------------------------------------------------- STATE OF KERALA, REPRESENTED BY SUB INSPECTOR OF POLICE, ATTINGAL POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. SABU SREEDHARAN THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 21/12/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No. 4979 OF 2010 =========================== Dated this the 21st day of December,2010 ORDER Petitioners 1 to 3 are the accused and fourth petitioner the de facto complainant in C.C.835/2010 on the file of Judicial First Class Magistrate Court-I, Attingal taken cognizance for the offence under section 498A read with section 34 of Indian Penal Code on Annexure A1 final report. First petitioner is the husband and fourth petitioner the wife. Petition is filed jointly by the wife, husband and in-laws to quash the proceedings pending before the learned Magistrate contending that entire matrimonial disputes were settled amicably and consequent to the settlement it is not in the interest of justice to continue the prosecution. Along with the petition Annexure A5 affidavit of the fourth petitioner was also Crl.M.C.4979/2010 2 separately submitted stating that entire matrimonial disputes were settled. Annexure A4 the copy of the petition filed before the Family Court, Nedumangad which is also reported to be settled as stated in the affidavit, is also filed. 2. Learned counsel appearing for the petitioners and learned Public Prosecutor were heard. 3. 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 stand on technicalities and continue the prosecution. The fact that fourth petitioner wife jointly filed the petition with the husband and the in-laws of the accused, establish that entire matrimonial disputes were settled. In such circumstances, it is not in the interest of justice to continue the prosecution. Petition is allowed. C.C.835/2010 on the file of Judicial First Class magistrate Court-I, Crl.M.C.4979/2010 3 Attingal is quashed. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006