IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 10TH NOVEMBER 2010 / 19TH KARTHIKA 1932 Crl.MC.No. 4465 of 2010 () ------------------------- (CRIME NO.251/2010 OF ADHUR POLICE STATION, KASARAGOD) PETITIONERS/DE-FACTO COMPLAINANT & ACCUSED ------------------------------------------------------------------------------- 1. FOUSIYA, AGED 30 YEARS, D/O.MOIDEENKUNHI, R/AT ALOOR MEETHAL, MULIYAR VILLAGE, KASARAGOD TALUK & DISTRICT. 2. MOHAMMED ASPAK @ ASHRAFF, AGED 33 YEARS, S/O.ABDULLA, R/AT MOGARAPPANA, SULLIA VILLAGE & POST, KARNATAKA. BY ADV. SRI.S.JIJI RESPONDENT/STATE ------------------------------ STATE OF KERALA, REPRESENTED BY SUB INSPECTOR OF POLICE, ADHUR POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR, SRI.P.A.SALIM THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 10/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: VK M.SASIDHARAN NAMBIAR,J. --------------------------------------------- CRL.M.C.NO.4465 OF 2010 --------------------------------------------- Dated 10th November, 2010 O R D E R First petitioner, de facto complainant is the wife and second petitioner, her husband is the accused in Crime No.251/2010 of Adhur Police Station registered for the offences under Sections 498 A and 323 of Indian Penal Code on Annexure-A2 FIR, based on Annexure-A1 complaint filed by the first petitioner before Judicial First Class Magistrate's Court-I, Kasargod and sent for investigation under Section 156(3) of Code of Criminal Procedure. Petition is filed under Section 482 of Code of Criminal Procedure jointly by the husband and wife stating that they have amicably settled all the disputes and are now they are living together and Crmc 4465/10 2 leading a peaceful marital life and it is not in the interest of justice to continue the prosecution. 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 matrimonial disputes are settled amicably between the husband and the wife and they are living cordially under one roof, it is not in the interest of justice to continue the prosecution. Petition is allowed. Crime No.251/2010 of Adhur Police Station is quashed. M.SASIDHARAN NAMBIAR, JUDGE. uj.