IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 9TH NOVEMBER 2010 / 18TH KARTHIKA 1932 Crl.MC.No. 4448 of 2010 ---------------------------------- [CRIME NO.110/2010 OF VIYYUR POLICE STATION] ........................ PETITIONER/DEFACTO COMPLAINANT: --------------------------------------------------------- MRS.RANJU ALVIN JACOB, D/O.JACOB, PULIKKOTTIL HOUSE, CHIYYARAM, KANNANKULANGARA, THRISSUR. BY ADV. SRI.P.K.ANIL. RESPONDENTS/ACCUSED/STATE: -------------------------------------------------- 1. JOMON, S/O.JOHNSON, KANNANAIKKAL HOUSE, KILLANNUR VILLAGE, THIROOR, KIZHAKKE ANGADI, THRISSUR, PIN-680 001. 2. JOHNSON, RESIDING DO. DO. 3. MOLI, W/O.JOHNSON, RESIDING AT DO. DO. 4. STATE OF KERALA, REP. BY SUB INSPECTOR OF POLICE, VIYYUR POLICE STATION, PIN-680 010. R4 BY PUBLIC PROSECUTOR SRI. I.V. PRAMOD. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 09/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No. 4448 OF 2010 =========================== Dated this the 9th day of November,2010 ORDER Petitioner, the de facto complainant in Crime 110/2010 of Viyyur Police Station filed this petition under section 482 of Code of Criminal Procedure to quash the case registered under Annexure-II First Information Report, based on the statement of the petitioner, for the offence under section 498A read with section 34 of Indian Penal Code contending that she has settled entire matrimonial disputes with respondents 1 to 3 and in view of the settlement, the case is to be quashed. 2. Respondents 1 to 3 appeared through a counsel and filed a joint statement stating that they have settled all the disputes amicably. 3. Learned counsel appearing for the Crl.M.C.4448/2010 2 petitioner and learned Public Prosecutor were heard. 4. As held by the Apex Court in B.S. Joshi v. State of Haryana (2003(4) SCC 675, when matrimonial disputes amicably and consequent to the settlement the husband and wife are living together, it is not in the interest of justice to continue the prosecution. The wife herself filed this petition stating that she has settled all the matrimonial disputes with respondents 1 to 3. In such circumstances, it is not in the interest of justice to continue the prosecution. Petition is allowed. Crime 110/2010 of Viyyur Police Station registered under Annexure- II F.I.R. against respondents 1 to 3 is quashed. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006