IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 1ST DECEMBER 2010 / 10TH AGRAHAYANA 1932 Crl.MC.No. 4715 of 2010() -------------------------------------- CC.NO.350/2010 OF JUDICIAL FIRST CLASS MAGISTRATE COURT III,KOTTAYAM ... (CRIME NO.1335/2010 OF KOTTAYAM WEST POLICE STATION) PETITIONER(S): ACCUSED & DEFACTO COMPLAINANT: ---------------------------------------------------------------------------------- 1. ABY ABRAHAM, DEEPA BHAVANAM, PARAPPADAM, VELOOR, PATHANAMTHITTA. 2. DEEPA, W/O. ABY ABRAHAM, -DO- -DO-..DO... BY ADVS. SRI.V.K.SUNIL, SMT.NIMA JACOB. RESPONDENT(S): STATE: --------------------------------------- STATE OF KERALA, REPRESENTED BY 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 01/12/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.SASIDHARAN NAMBIAR,J. --------------------------------------------- CRL.M.C.NO.4715 OF 2010 --------------------------------------------- Dated 1st December, 2010 O R D E R First petitioner is the husband and second petitioner, the wife. They are respectively accused and the de facto complainant in C.C.350/2010 on the file of Judicial First Class Magistrate's Court-III, Kottayam, taken cognizance for the offence under Section 498 A of Indian Penal Code. Petition is filed under Section 482 of Code of Criminal Procedure jointly by the husband and wife to quash the proceedings contending that entire disputes were settled amicably and consequent to the settlement, they are now living together and in such circumstances, it is not in the interest of justice to continue the prosecution. 2. Learned counsel appearing for the Crmc 4715/10 2 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 and the husband and wife are living together under one roof, it is not in the interest of justice to continue the prosecution. Joint petition filed by the husband and wife establishes that they are living together after settling all the matrimonial disputes. In such circumstances, it is not in the interest of justice to continue the prosecution. Petition is allowed. C.C.350/2010 on the file of Judicial First Class Magistrate's Court-III, Kottayam is quashed. M.SASIDHARAN NAMBIAR, JUDGE. uj.