IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 25TH NOVEMBER 2010 / 4TH AGRAHAYANA 1932 Crl.MC.No. 4636 of 2010() ------------------------------------ CC.930/2009 of JUDL.MAGISTRATE OF FIRST CLASS, KOLENCHERRY .................... PETITIONER(S): ACCUSED 1 & 2 -------------------------------------------------- 1. SASI,AGE 47 YEARS,S/O.KUTTAPPAN, THANICHUVATTIL HOUSE,EZHAKKARANADU KARA, MANNEEDU VILLAGE,MUVATTUPUZHA TALUK, ERNAKULAM,PIN-686664. 2. VILASINI,AGED 68 YEARS,W/O.KUTTAPPAN, MANNEEDU VILLAGE,MUVATTUPUZHA TALUK, ERNAKULAM,PIN-686664. BY ADV. SRI.NAVEEN THOMAS RESPONDENT(S): STATE & DEFACTO COMPLAINANT ------------------------------------------------------------------------------ 1. STATE OF KERALA,REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM. 2. RINCY SASI,AGED 37 YEARS,W/O.SASI, THANICHUVATTIL HOUSE,EZHAKKARANADU KARA, MANNEEDU VILLAGE,MUVATTUPUZHA TALUK, ERNAKULAM,PIN-686664. R1 BY PUBLIC PROSECUTOR SRI.I.V.PRAMOD R2 BY ADV. SRI.RENJITH THOMAS THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 25/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No. 4636 OF 2010 =========================== Dated this the 25th day of November,2010 ORDER Petitioners are the accused and second respondent the de facto complainant in C.C.930/2009 on the file of Judicial First Class Magistrate Court, Kolenchery taken cognizance for the offence under section 498A on Annexure A1 F.I.R. Petition is filed under section 482 of Code of Criminal Procedure to quash the proceedings contending that entire matrimonial disputes were amicably settled and therefore it is not in the interest of justice to continue the prosecution. 2. Second respondent appeared through a counsel and filed a joint statement along with the petitioners stating that entire matrimonial disputes were settled amicably and second respondent is now living with the petitioners Crl.M.C.4636/2010 2 and leading a healthy married life and therefore the proceedings is to be quashed. 3. Learned counsel appearing for the petitioners, second respondent and learned Public Prosecutor were heard. 4. First petitioner and second respondent are husband and wife. The joint statement filed by petitioners with the second respondent establish that entire matrimonial disputes were settled amicably and second respondent is now living along with the first petitioner, her husband and second petitioner the mother-in-law. As held by the Apex Court in B.S. Joshi 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. Petition is allowed. C.C.930/2009 on the file of Judicial First Class Magistrate Court, Kolenchery is quashed. M.SASIDHARAN NAMBIAR JUDGE tpl/- Crl.M.C.4636/2010 3 M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006