IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 26TH NOVEMBER 2010 / 5TH AGRAHAYANA 1932 Crl.MC.No. 4656 of 2010() ----------------------------------- (CRIME NO.122/2010 IN CC.1503/2010 of JUDL. MAGISTRATE OF FIRST CLASS COURT, IRINJALAKUDA) .................... PETITIONER(S): ACCUSED: --------------------------------------- LIJU, RAJANATHAN, AGED 30 YEARS, VELAPARAMBIL HOUSE, KATTOOR VILLAGE, PONJANAM DESOM, THIRSSUR DISTRICT. BY ADV. SRI.RAJESH CHAKYAT RESPONDENT(S): COMPLAINANT: ------------------------------------------------ 1. ANU, D/O.SUKUMARAN, AGED 24 YEARS, THAPPULLY HOUSE, PULLATHARA DESOM, KARIAM VILLAGE, MUKUNDAPURAM TALUK-680 711. 2. THE SUB INSPECTOR OF POLICE, KATTOOR, THRISSUR DISTRICT, REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. R1 BY ADV.SRI.C.V.SIVARAMAN R2 BY PUBLIC PROSECUTOR SRI. I.V. PRAMOD THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 26/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.4656 of 2010 -------------------------- ORDER Petitioner is the husband and first respondent, the wife. They are respectively the accused and the defacto complainant in C.C.No.1503/2010 on the file of Judicial First Class Magistrate's Court, Irinjalakuda, taken cognizance for the offence under Section 498A of Indian Penal Code on Annexure-2 final report. This petition is filed under Section 482 of Code of Criminal Procedure to quash the proceedings contending that entire matrimonial disputes were settled amicably and consequent to the settlement, it is not in the interest of justice to continue the prosecution as it would only ruin the cordial relationship between the parties. 2. First respondent appeared through a counsel and filed an affidavit stating that entire matrimonial disputes were settled amicably and CRMC 4656/10 2 consequent to the settlement, it is not in the interest of justice to continue the prosecution. 3. Learned counsel appearing for the petitioner, first respondent 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 the matrimonial disputes are settled amicably, it is not in the interest of justice to stand on technicalities and continue the prosecution. The affidavit filed by the first respondent wife establishes that she has settled all the matrimonial disputes with the petitioner. In such circumstances, it is not in the interest of justice to continue the prosecution. Petition is allowed. C.C.No.1053/2010 on the file of Judicial First Class Magistrate's Court, Irinjalakuda is quashed. 26th November, 2010 (M.Sasidharan Nambiar, Judge) tkv