IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 16TH MARCH 2009 / 25TH PHALGUNA 1930 Crl.MC.No. 912 of 2009() ------------------------ CC.684/2007 of JUDL.MAGISTRATE OF FIRST CLASS COURT, PAYYANNUR .................... PETITIONER/ACCUSED NO.1: --------------------------- NOUSHAD.K., AGED 30 YEARS, S/O.K.ABDUL RAHIMAN, KHADEEJA MANZIL, KOVVAPPURAM, KUNHIMANGALAM. BY ADV. SRI.M.V.AMARESAN RESPONDENTS/COMPLAINANT: --------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. NEELUFAR MOHEY, AGED 23 YEARS, D/O.T.MOIDU HAJI, NEELUFAR MOHAL, NEAR R.C.CHURCH, MADAYI P.O. PUBLIC PROSECUTOR MR.GIKKU JACOB SRI.PHILJO VARUGHESE PHILIPS FOR R2 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 16/03/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N.KRISHNAN, J. ------------------------------- CRL.M.C.NO.912 OF 2009 (B) ----------------------------------- Dated this the 16th day of March, 2009 O R D E R This petition is filed with a prayer to quash all further proceedings in C.C.No.684/2007 on the file of the Judicial First Class Magistrate Court, Payyannur. Petitioner herein is alleged to have committed offence under Section 498A of the India Penal Code. Now the matter has been settled between the husband and the wife and an affidavit is sworn to be filed by the wife as well stating that the matter has now ended in divorce by virtue of pronouncement of 'Thalak' on 10.2.2009. It is also submitted that all the matrimonial disputes have been resolved and she does not want to prosecute the case under Section 498A of the IPC. In such circumstances, the points to be considered has been laid down in Joshi v. State of Haryana (2003 (2) KLT 1062 (SC)), wherein the Apex Court held that it is the duty of the High Court exercising jurisdiction under Section 482 of the Cr.PC to see whether any useful purpose will be served by allowing the prosecution CRL.M.C.912/09 2 to continue. It was also held that the settlement of matrimonial disputes have to be encouraged and that the hyper technical views should not lead to a case of counter productivity and the basic intention of the legislature. Applying the dictum referred to above, it can be seen that the parties have settled the matter amicably out of court and they have decided to live in a better harmonious atmosphere by ending the matrimonial relationship. Therefore, invoking the powers under Section 482 of the Cr.P.C., I allow the Criminal M.C. and quash all further proceedings in C.C.No.684/2007 pending before the JFCM, Payyannur. M.N.KRISHNAN JUDGE prp J.B.KOSHY & THOMAS P. JOSEPH, JJ. -------------------------------------------------------- M.F.A.NO. OF 2006 () --------------------------------------------------------- J U D G M E N T --------------------------------------------------------- 6th November, 2008